Neutral Citation No. - 2025:AHC:31432 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43923 of 2024 Applicant :- Sartaj Ali Alias Mohd Taj Opposite Party :- State of U.P. Counsel for Applicant :- Pranvesh,Rahul Singh Counsel for Opposite Party :- Akhilesh Bharti,G.A.,Kamlesh Prasad,Manoj Kumar Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-opposite party 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, Sartaj Ali alias Mohd. Taj, seeking enlargement on bail in Case Crime No. 352 of 2024 dated 29.09.2024, under Sections 118, 109, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sarai Akil, District Kaushambi. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to civil dispute between the informant and applicant and is languishing in jail since 30.09.2024. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The present dispute arose due to civil dispute pending between them. Applicant had filed a Civil Suit before the Civil Judge (Jr. Div.), Kaushambi being No. 652 of 2021 and the present incident is the outcome of the same in which both the parties sustained injuries. Main role of firing has been assigned to co-accused Bashir with his gun but the same was missed. No allegation of firing has been assigned to the applicant herein. Injured-informant has not received any gun shot injury over his body and remaining injuries are simple in nature except injury no. 1. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the bail but could not dispute the aforesaid facts. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sartaj Ali Alias Mohd Taj, 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. 9. 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 :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad