Neutral Citation No. - 2025:AHC:33612 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45582 of 2024 Applicant :- Riyasat Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Rakesh Kumar Verma, learned counsel for the applicant, Shri Ari Mardan Yadav, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Riyasat, seeking enlargement on bail in Case Crime No. 793 of 2024, under Sections 3/5/9/25 of the Arms Act, Police Station Majhola, District Moradabad. 3. 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 07.09.2024; applicant has been implicated in this case on his previous criminal history; there is no independent witness of the recovery of country made pistols and other articles; the applicant has no concerned with the alleged incident; he has criminal antecedent of 8 cases, which is explained in para no. 6 of the bail applicant and in all the cases he is on bail; co-accused namely Aman has already been released on bail vide order dated 21.01.2025 passed by the co- ordinate Bench of this Court in Crl. Misc. Bail Application No. 46104 of 2024; 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. 4. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Riyasat, 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 :- 7.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad