Neutral Citation No. - 2025:AHC:78152 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3530 of 2025 Applicant :- Alishan @ Bheda Opposite Party :- State of U.P. Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- Ajay Kumar Srivastava,Deepak Prajapati,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Mainuddin Ahmad, learned counsel for the applicant, Sri Deepak Prajapati, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Alishan @ Bheda, seeking enlargement on bail in Case Crime No. 127 of 2024, under Sections 109 (1), 352, 351 (3) BNS and Section 3/25 Arms Act, Police Station Khuldabad, District Prayagraj. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 04.11.2024. He has criminal antecedent of five cases, which has been explained in para 2 and 3 of the supplementary affidavit, and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the incident took place on 31.10.2024 and it FIR was lodged on 01.11.2024 without giving any explanation for delay in lodging the FIR. The applicant is not named in the FIR. His name has come into the light during course of investigation. Nothing has been recovered from the possession of the applicant and the alleged recovery of tamanacha and cartridges are false and planted. The applicant has been falsely implicated in the present case by the local police for showing good work. The applicant has not committed any offence as alleged in the FIR and the alleged entire prosecution story against the applicant is false, fabricated, baseless and concocted. Hence, bail has been prayed for. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Alishan @ Bheda, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 12.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad