Neutral Citation No. - 2025:AHC:13828 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44280 of 2024 Applicant :- Sartaj Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Namendra Pal Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sartaj, seeking enlargement on bail in Case Crime No.238 of 2024, under Section 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 3/25/27 Arms Act, Police Station Haldaur, District Bijnor. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.08.2024. He has criminal history of eight cases which have been explained in para-23 of the bail application. Learned counsel for the applicant submits that recovery of one countrymade pistol has been planted by the police and there is no independent witness of the alleged recovery memo; there is no forensic report available in the case diary to establish that the alleged recovered weapon has been used in the alleged incident; injured received only one injury which was not kept under observation. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sartaj , 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 27.1.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad