Neutral Citation No. - 2025:AHC:140553 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44281 of 2024 Applicant :- Shahanwaj Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Nand Pandey,Nushra Siddiqui,Sadrul Islam Jafri,Vivek Mishra Counsel for Opposite Party :- G.A.,Pankaj Kumar Tyagi Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant and learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused- applicant, Shahanwaj seeking enlargement on bail in Case Crime No.202 of 2024, under Section 3(5), 109 of B.N.S.S., 2023 and Section 4/25 Arms Act, Police Station- Bhopa, District- Muzaffarnagar. 3. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.08.2024. It is submitted that including the applicant, four accused persons were named in the FIR. It is further submitted that as per statement of the injured Reshu Pal. No specific role of any of the accused persons have been assigned. It is further submitted that the statement of second injured Nikhil was also examined by Investigating Officer under Section 180 of B.N.S.S., 2023 in which he has also not assigned the specific role of attacker with knife but he has made general allegation against all the accused persons including the present applicant. It is further submitted that co- accused Sonu Kumar has already been enlarged on bail. It is further submitted that applicant has no criminal history except the aforesaid case. It is further argued that 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. 4. Per contra, learned AGA has vehemently opposed the the prayer for bail. 5. After perusing the record in the light of submission advanced by learned counsel for applicant and learned AGA and 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, Shahanwaj 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. 9. Trial court is directed to expeditiously conclude the trial of the present case. Order Date :- 18.8.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad