Neutral Citation No. - 2025:AHC:132212 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25795 of 2025 Applicant :- Rohit Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sandip Kumar Shukla,Zahid Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counselsfor the applicant, Sri Ajay Singh, learned AGA for the State-Respondent 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 seeking enlargement on bail in Case Crime No. 30 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2)(b) BNS, Police Station Baniyather, District Sambhal. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Sambhal at Chandausi, vide order dated 15.07.2025. 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 09.06.2025. Learned counsel for the applicant submits that the applicant has been made accused in the present case on the basis that the applicant was accused in Case Crime No. 13 of 2025. The applicant was arrested by the police along with cash and other documents, thereafter, his confessional statement, the police has been made accused in the present case. Neither the applicant is involved in opening the bank account nor he withdraw any money from the said bank. Applicant has not received any money. There is no allegation against the applicant that he has received any money, which is involved in the present case. The applicant has been made accused in the FIR dated 18.02.2025, in case Crime No. 13 of 2025, under Sections 318(4), 336(3), 338, 340(2), 111(2), 61(2)(A) BNS, Police Station Rajpura, District Sambhal, and thereafter, number of cases has been lodged against the applicant in different police station. No identification parade was conducted by the investigating officer for identification from the first informant or the witnesses. Nothing has been recovered from the possession of the applicant or on his pointing out. It is submitted that the applicant has been arrested in Case Crime No. 13 of 2025 and, thereafter, he has been made accused in 5 other cases, which has been explained in Para 16 to the affidavit filed in support of the bail application. The applicant was not arrested from the spot. 4. He further submits that there is no allegation against the applicant that he committed cheating, forgery by making forged and fabricated documents and using them. It is next submitted that even if the entire allegation of the FIR is taken to be correct on its face value, even then no offence under the aforesaid sections is made out against the applicant. It is further submitted that co- accused namely Ravi Sharma, Rajeev Kumar, Ashok Kumar Yadav and Gaurav Sharma have already been granted bail by Coordinate Bench of this Court, vide orders dated 28.05.2025, 19.06.2025, 19.06.2025 and 23.06.2025 passed in Criminal Misc. Bail application Nos. 18405 of 2025, 20454 of 2025, 18793 of 2025 and 20793 of 2025, 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. 5. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rohit Tyagi, 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. ii. 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. 9. 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 :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad