Neutral Citation No. - 2025:AHC:28011 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41740 of 2024 Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Kumar Yadav,Sundeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sundeep Shukla, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 56 of 2024, under Sections 452, 323, 307, 506, 34 IPC and 5/27 Arms Act, Police Station Bhora Kalan, District Muzaffar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.04.2024 against four persons, including the applicant, stating that the accused persons had fired towards one Nitoo but the fire missed him and hit the informant's nephew. 4. Counter and rejoinder affidavits have been filed in the present case. The learned counsel for the applicant has filed second supplementary affidavit annexing therewith copies of the statement of informant, victim and the eyewitness recorded by the trial court. The informant has been declared to be hostile. The victim has stated that he was hit from behind and he does not know as to who had hit. The eye witnesses Nitoo has stated that a large crowd had gathered on the spot and some unknown persons had fired shot. This witness has also been declared to be hostile. 5. The applicant’s involvement in five more cases has been disclosed by filing a supplementary affidavit. One case under Section 307 IPC and 3/25/27 Arms Act bearing Case Crime No. 58 of 2024 was lodged regarding allegations relating to the time of the arrest of the applicant in this case. Another case is relating to Section 110 (g) Cr.P.C. which stand closed due to expiry of stipulated period. The applicant has been convicted in Case No. 53/9/2011 under Section 25 Arms Act on the basis of his confessional statement and sentenced to undergo custody already undergone and to pay Rs. 1,000/- as fine. Two cases related to Section 110 Cr.P.C. which stand closed due to expiry of the stipulated period. 6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant’s involvement in another case has been disclosed in the affidavit filed in support of the bail application in which he stands acquitted. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and also keeping in view the fact that the applicant is languishing in jail since 03.05.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Manish be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 27.2.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad