HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33865 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Manoj Nishad @ Majholi, seeking enlargement on bail in Case Crime No. 275 of 2024, under Sections 3/5/25 Arms Act, Police Station-Lalauli, District- Fatehpur. 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 14.12.2024. Learned counsel for the applicant submits that First Information Report has been lodged with the allegation that on the information of the informer the police party raided the place of incident and arrested the applicant and recovery of six country made pistol, six semi furnished country made pistols, two live cartridges, and some other incriminating materials have been shown. Learned counsel for the applicant submits that the recovery shown from the place of incident and possession of the applicant are planted one as there is no eye witness of the alleged recovery. Criminal history of 9 cases has been properly explained in paragraph no. 13 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Syed Mohammed Jafer Husain, Syed Mohammed Jafer Husain Counsel for Opposite Party(s) : G.A., G.A. Manoj Nishad Alias Majholi .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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. Let the accused-applicant, Manoj Nishad @ Majholi, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 7, 2025 Deepak/ BAIL No. 33865 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad