Neutral Citation No. - 2025:AHC:11391 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38939 of 2024 Applicant :- Janardan Rathod Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Singh,Anil Kumar Yadav,Atma Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 of BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 237 of 2024, under Sections 310(4), 310(5), 109 of BNS and Sections 5/25/27 of Arms Act, Police Station Barsana, District Mathura, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the alleged incident no police personal has received any injury. In fact the applicant and co-accused Guddu Kumar have received injuries. False recovery of a country made pistol, a live cartridge and Rs.4910/- has been shown from the applicant. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in para 22 of the bail application and para 5 of the supplementary affidavit. The applicant is in jail since 30.8.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that in the alleged incident no police personal has received any injury. In fact the applicant and co-accused Guddu Kumar have received injuries. There is no independent witness to the alleged recovery. Further, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Janardan Rathod, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties (in view of the criminal history) each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses; and (iv) shall appear on first Sunday of every month at the police station concerned. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 22.1.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad