Neutral Citation No. - 2025:AHC:64649 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1507 of 2025 Applicant :- Nitesh Pandey Alias Momu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Mahendra Pratap Singh,Rohit Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Nitesh Pandey @ Momu, seeking enlargement on bail in Case Crime No. 128 of 2024, under Sections 309 (4), 317 (2), 318 (2), 336 (3), 345, 61 (2Ka) BNS and Section 25 Arms Act, Police Station Suriyavan, District Bhadohi. 3. The allegation made in the FIR is that on 30.10.2024, at about 12:30 p.m., three unknown persons riding a motorcycle (Super) snatched the bag which contained Rs. 1 lakh one thousand from the informant and runaway. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 21.11.2024. 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. Learned counsel for the applicant submits that the incident took place on 30.10.2024 at 12:30 p.m. and its FIR was lodged at 18:30 p.m. without giving any explanation for delay in lodging the FIR. It is submitted that the applicant is not named in the FIR. His name has come into the light during course of investigation. It is alleged that Rs. 15,000/-, one pistol 32 bore and one mobile has been recovered from the possession of the applicant. The recovered money of Rs. 15,000/- from the possession of the applicant is belongs to him and the same was for buying computer. The recovery is shown to be made from the public place, but the same is not supported by any independent witness. No offence is made out against the applicant in the aforesaid sections. There is no direct or indirect evidence against the applicant. The applicant is having no motive to commit the alleged offence. Nothing has been recovered from the possession of the applicant or his pointing out. The recovery has been planted by the police upon the applicant. It is further submitted that the charge sheet has been filed on 14.01.2025. The applicant is student and his carrier is going to ruin due to false and fabricated case. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Nitesh Pandey @ Momu, 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. 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 :- 25.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad