Neutral Citation No. - 2025:AHC:27292 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1451 of 2025 Applicant :- Akhilesh Kumar Yadav Alias Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Sri Amar Nath Tiwari, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Akhilesh Kumar Yadav Alias Babloo, seeking enlargement on bail in Case Crime No.362/2024, under Sections 147, 148, 149, 323, 504, 506, 307, 336 of I.P.C., Police Station Badhalganj, District Gorakhpur. 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 28.08.2024. Learned counsel for the applicant submits that the applicant has not committed the alleged offence. Injuries sustained by injured persons are not caused by the applicant. The main role of firing is assigned to co-accused Kamlesh Yadav. Nothing incriminating has been recovered from the possession of the applicant. The applicant has criminal antecedent of one case, which has sufficiently been explained in para 2 of the supplementary affidavit filed today 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. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Akhilesh Kumar Yadav Alias Babloo, 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. 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 :- 27.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad