Neutral Citation No. - 2025:AHC:12041 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36813 of 2024 Applicant :- Dhruv @ Nishkarsh Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Tripathi,Kapil Kumar,Nitika Sharma,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri S.K. Ojha, learned AGA for the State-respondents 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, Dhruv @ Nishkarsh Tyagi, seeking enlargement on bail in Case Crime No. 504 of 2024, under Sections 191(2), 191(3), 109, 61(2) of the Bharatiya Nyaya Sanhita, 2023 and 3/25 Arms Act, Police Station- Kankarkheda, District- Meerut. 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 28.08.2024. He has criminal history of two cases, which is clearly explained in para no. 21 of the bail application in which he is on bail vide orders dated 4.4.2024 and 19.4.2024 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 no specific role of causing fire arm injury has been assigned to the applicant in the FIR. The injured in his statement recorded under Section 161 Cr.P.C. has also not made any specific allegation against the applicant. One Tamancha 315 Bore and a live cartridge is alleged to have been recovered from the applicant, but there is no independent witness of the said recovery. Co- accused namely Harsh Tomar and Ankit Dhankad have already been released on bail vide orders dated 11.12.2024 & 14.11.2024 passed in Crl. Misc. Bail Application Nos. 38151 of 2024 and 38730 of 2024 passed by this Court in Crl. Misc. Bail Application No. 38730 of 2024, respectively. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. Accordingly, the bail application is allowed. 6. Let the accused-applicant, Dhruv @ Nishkarsh Tyagi, 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. 7. 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 :- 23.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad