Neutral Citation No. - 2025:AHC:125694 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24819 of 2025 Applicant :- Praveen Alias Sikandrabadi Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Praveen @ Sikandrabadi, seeking enlargement on bail in S.T. No. 678 of 2018, arising out of Case Crime No. 291 of 2018, under Section 302, 201 IPC, Police Station- Surajpur, District- Gautam Budh Nagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.07.2018. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during course of investigation in the statement of informant after two and half months of the incident on suspicion. Nothing has been recovered from the possession of the applicant. There is no independent/eye witness of the alleged incident, who support the prosecution case. Postmortem report does not support the prosecution case also. There is no direct or indirect evidence against the applicant. It is submitted that co-accused, Devendra @ Buddha Jatav has already been enlarged on bail of by coordinate Bench of this Court by order dated 24.10.2019, passed in Criminal Misc. Bail Application No. 44621 of 2019 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 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, Praveen @ Sikandrabadi 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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 :- 28.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad