Neutral Citation No. - 2025:AHC:70424 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2427 of 2025 Applicant :- Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Brijendra Singh,Vinay Kumar Kali Prasad Counsel for Opposite Party :- G.A.,Ravi Pandey Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Sameer, seeking enlargement on bail in Case Crime No. 713 of 2024, under Sections 191 (2), 191 (3), 190, 109, 351 (3), 352 BNSS and Section 3/25/27 Arms Act, P.S.- Atrauli, District- Aligarh, during pendency of the trial in the Court below. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 15.12.2024. He 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. 4. Learned counsel for the applicant submits that the incident took place on 01.12.2024 and its FIR was lodged on 04.12.2024 without given any explanation for delay in lodging the FIR. In the incident, no specific role has been assigned to the applicant by the injured or informant. The injuries suffered by the injured are not attributable to the applicant. It is submitted that the injured was medically examined and as per the statement of Dr. injury 1 LW round in shape 0.7x0.7 ms deep on L lateral asp of ankle it 3.5 cm in front of lateral malleous fresh bleeding present injury KUO was found. Further as per the doctor's opinion injury no. 1 is KUO advise X- ray caused by some fire arm duration about fresh no blackening no tattooing present has been reported. It is next submitted that the alleged recovery shown against the applicant is false and planted by the police and nothing has been recovered from the possession of the applicant, neither any weapons nor any illegal articles. It is further submitted that the applicant has also lodged FIR against the informant and his family members and from the side of applicant has also sustained grievous injury and the present case is counter blast. Neither the applicant has committed any offence as alleged in the FIR, nor he was present at the time of alleged incident and he has no concern with the said incident. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sameer, 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. 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 :- 30.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad