HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13559 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 192 of 2025, under Sections 318(4), 338, 336(3), 340(2), 3(5) B.N.S., Police Station Kotwali, District Etawah during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced on the basis of the statement of named co-accused Nitin Gupta recorded while in police custody. It is stated that the said statement, insofar as it implicates the applicant, is unreliable. Neither any amount was transferred from the bank account of named co-accused nor from the bank account of firm known as M/s. Aditya Constructions to the bank account of the applicant. The applicant is not a beneficiary of any illicit transaction. At this stage there is no corroborative evidence to link the applicant with the offence. The case of the applicant is distinguishable from that of other co-accused. Further, after the arrest of the applicant, he has been implicated in other cases, the details whereof have been explained in Paragraph- 26 of the affidavit. The applicant is in jail since 04.02.2026 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Sanjay Mishra Counsel for Opposite Party(s) : G.A. Asif Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant surfaced on the basis of the statement of named co-accused Nitin Gupta recorded while in police custody. At this stage there is no corroborative evidence to link the applicant with the offence. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Asif Khan, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. May 7, 2026 SKT/- BAIL No. 13559 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad