Neutral Citation No. - 2025:AHC:19315 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35904 of 2024 Applicant :- Gulab Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Upadhyay,Ram Yash Pandey Counsel for Opposite Party :- Arvind Srivastava Iii,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Arvind Srivastava, learned counsel for the informant, 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, Gulab Singh, seeking enlargement on bail in Case Crime No. 495 of 2024, under Sections 109(1), 352 of the Bharatiya Nyaya Sanhita, 2023 and section 27, 30 Arms Act, Police Station Robertsganj, District Sonebhadra. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to civil dispute and is languishing in jail since 8.7.2024. 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 applicant is 75 years old and is HIV positive. Learned counsel for the applicant submits that during course of investigation Police has dropped the Section 109 (1) and Section 109 (2) was added. Later on, Section 109 (2) was dropped by the Investigating Officer and Charge-sheet in this case was filed before the Trial Court under Section 109 (1), 352 of BNS and Section 27/30 of Arms Act. 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, Gulab Singh, 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 :- 27.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad