Neutral Citation No. - 2025:AHC:13846 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29950 of 2024 Applicant :- Vivek Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Durga Prasad Singh Counsel for Opposite Party :- Asif Hasan Ansari,G.A.,Khursheed Ahmad,Mohd. Samiuzzaman Khan,Saddam Husain Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Durga Prasad Singh, learned counsel for the applicant, learned counsel for the first informant and learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vivek Sagar, seeking enlargement on bail in Case Crime No. 149 of 2024, under Sections 394, 427, 120-B, 411 of the Indian Penal Code, Police Station Gauri Bajar, District Deoria. 3. Learned counsel for the applicant argued that accused- applicant is not named in the F.I.R.; he has been falsely implicated in this very case crime number on the basis of suspicion and is languishing in jail since 07.04.2024; criminal history of applicant has clearly been explained in para no. 13 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is also submitted that the co-accused Shahnawaj having identical role has already been granted bail by this Court vide order dated 19.11.204 passed in Criminal Misc. Bail Application No.28987 of 2024, therefore, the applicant is also entitled to be released on bail on the ground of parity. 4. Learned AGA and learned counsel for the first informant have vehemently opposed the bail, but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Vivek Sagar, 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. 8. 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 :- 27.1.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad