Neutral Citation No. - 2025:AHC:35259 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45306 of 2024 Applicant :- Zahid Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Ravindra Kumar Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Shri Avinash Pandey, learned counsel for the applicant, Sri Vijay Bahadur, learned counsel for the first informant, Sri Shyam Narayan Rai, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Zahid, seeking enlargement on bail in Case Crime No. 310 of 2024, under Sections 109 (1), 352, 3 (5) BNS, Police Station Kandhala, District Shamli. 4. The allegation made in the FIR is that on 19.09.2024 at 5:00 hours in the evening during construction work of his house, some tiles were broken and due to this reason all named persons fired upon him and in the incident one Saqeel received fire arm injury on head. 5. 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 20.09.2024. 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. Learned counsel for the applicant submits that on 19.09.2024, Dilshad and his relative were doing construction work in which they damaged the wall of applicant and when applicant and his sons opposed them then Dilshad's side opened fire upon roof in which Saqeel and Gulab received injury. It is next submitted that on 23.11.2024 injured Saqeel also prepared an affidavit and sent to S.P. Shamli in which he has stated that Zahid (applicant) and others did not commit anything however, they falsely implicated by Dilshad with collusion of police while real culprits are Dilshad and other but concerned police are not taking any action against them after lodging FIR. He submits that all witness is relative or friends of Dilshad except injured Shaqeel. As per the statement of injured Saqeel it is clear that the applicant did not do anything, however if the version of FIR is true, it is not clear that who caused injury and no specific role has been assigned and general role assigned to the applicant. Nothing incriminating articles were recovered from the possession or pointing out of the applicant. No offence is made out against the applicant in the aforesaid sections. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8 Accordingly, the bail application is allowed. 9. Let the accused-applicant, Zahid, 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. 10. 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 :- 10.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad