Neutral Citation No. - 2025:AHC:18358 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45493 of 2024 Applicant :- Abhishek @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed by learned counsel for the applicant, today in the Court, which is taken on record. 2. Heard Shri Lavkush Dixit, learned counsel for the applicant, Shri Rajesh Kumar, learned AGA for the State-opposite party and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Abhishek @ Golu, seeking enlargement on bail in Case Crime No. 252 of 2024, under Sections 317(2), 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and section 3/25 of Arms Act, Police Station Friends Colony, District Etawah. 4. 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 4.10.2024. He has criminal antecedent of two cases and he is on bail in both cases. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Recovery of one Tamancha and a live bullet from the possession of the applicant is a planted recovery by the police. There is no public or independent witness of the alleged incident. No identification parade was done by the police. Hence, bail has been prayed for. 6. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 7. Considering all those 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, Abhishek @ Golu, 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. 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 :- 7.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad