Neutral Citation No. - 2025:AHC:74042 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2546 of 2025 Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- Alka Upadhyay,G.A.,Manish Tiwari Hon'ble Ashutosh Srivastava,J. Heard Shri Abhishek Srivastava, learned counsel for the applicant, Sri Shashank Singh, learned counsel holding brief of learned AGA for the State-respondents and Ms. Alka Upadhyay, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Abhishek, seeking enlargement on bail in Case Crime No. 228 of 2024, under Sections 109, 115(2), 131 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/25/27 of Arms Act, Police Station- Purkazi, District- Muzaffar Nagar. 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 03.11.2024. Learned counsel for the applicant submits that it is a counterblast case and in the statement of the injured, no specific role has been assigned to the applicant as role of firing has been assigned to two persons, but as per the medical report, only one gun shot injury has been found on the body of the injured. He next submits that there is no independent witness of the alleged incident. The applicant has no criminal antecedent and 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. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail by submitting that the injury sustained by the injured is on vital part of the body and is dangerous to life. 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, Abhishek, 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 :- 7.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad