Neutral Citation No. - 2025:AHC:12957 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1374 of 2025 Applicant :- Adesh Opposite Party :- State of U.P. Counsel for Applicant :- Mandeep Singh,Sani Kumar Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.72 of 2023 at Police Station-Jahangirabad, District-Bulandshahar under Section 376-D IPC. The applicant is in jail since 11.12.2024. The bail application of the applicant was rejected by the learned trial court on 24.12.2024. The following arguments made by Shri Mandeep Singh, learned counsel and Shri Sani Kumar, learned counsel on behalf of the applicant which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The applicant was not named in the FIR. 2. After thorough investigations, no implicatory evidence was found against the applicant. The applicant was not chargesheeted. 3. The applicant was nominated in a false testimony made by an interested witness before the trial court in proceedings taken out under Section 319 Cr.P.C. during the course of trial. 4. The applicant does not have any criminal history apart from this case. 5. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Adesh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 24.1.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad