Neutral Citation No. - 2025:AHC:94253 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37436 of 2024 Applicant :- Nitish Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh,Sunil Kumar Tiwari Counsel for Opposite Party :- Atul Kumar,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Dharmendra Pratap Singh and Sunil Kumar Tiwari, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Nitish, seeking enlargement on bail in Case Crime No. 118 of 2024, under Sections 191 (2), 191 (3), 190, 109, 115 (2), 315 (3) BNS & Section 3/25/27 Arms Act, Police Station Purkazi, District Muzaffarnagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 19.08.2024. 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. Learned counsel for the applicant submits that applicant has no motive to commit attempt of murder of the injured. The injury report of the injured does not corroborate with the prosecution case. If the entire prosecution case taken to be true, no offence under the aforesaid sections is made out against the applicant. The injuries sustained by the injured are simple in nature. No public or eye witness of the alleged incident and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Charge sheet against the applicant has already been filed and his custodial interrogation is no longer required. Hence, bail has been prayed for. 4. Learned AGA 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Nitish, 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 :- 30.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad