Neutral Citation No. - 2025:AHC:38472 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1436 of 2025 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh,Mohd Imdad Siddiqui Counsel for Opposite Party :- G.A.,Mohammad Belal Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Alok Kumar Singh and Mohd. Imdad Siddiqui, learned counsels for the applicant, learned counsel for the informant, Shri Rajesh Kumar Singh, learned AGA for the State- opposite party 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, Waseem, seeking enlargement on bail in Case Crime No. 321 of 2024, under Sections 85, 109(1), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Masoori, District Ghaziabad. 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 08.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. has been lodged on 08.11.2024 against five named accused persons including the applicant. Applicant is husband of the victim. F.I.R. has been lodged after two months of the alleged incident and there is no explanation regarding delay. There is no specific allegations against the applicant. Main allegation has been levelled to Deval, who is enlarged on bail vide order dated 4.03.2025 passed by the co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 4768 of 2025. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those 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, Waseem, 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. 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 :- 18.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad