Neutral Citation No. - 2025:AHC:39284 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2800 of 2025 Applicant :- Rusab Alias Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Shri Chandra Bhushan Prasad, learned counsel for the applicant, Sri Shashi Prakash Shahi, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rushabh @ Saurabh, seeking enlargement on bail in Case Crime No. 23 of 2024, under Sections 307, 414 IPC & 3/25/27 Arms Act, Police Station Chhapar, District Muzaffar Nagar. 4. The allegation made in the FIR is that on 30.01.2024, at about 04:38 hrs., when the informant along with other police officials were busy in duty for searching of suspected persons on the Gangnahar Rajwaha pulithey saw one person came from the side of Morna with the motorcycle when we trying to stop them, he ran away from the spot with motorcycle and after some distance he fell down and ran away in sugarcane field and fired over the police personal but they any how save them and arrested the accused applicant and from his possession one country made pistol with empty cartridge 315 bore, two live cartridge 315 bore, one motorcycle Baa Vikrant V-15 without number plate and one ear ring yellow metal was recovered. 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 30.01.2024. He has a criminal antecedent of three cases which has been explained in para 22 of the affidavit filed in support of the bail application 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 there is no public witness of the alleged recovery, as such the provisions of Section 100 (4) Cr.P.C. has not been complied with. It is surprise that the recovered motorcycle was stolen by other person on 27.01.2024 and earring was looted on 09.11.2023 and the applicant was arrested on 30.01.2024 and till then the looted motorcycle and looted earring was in his possession, as such the prosecution version appears not to be trustworthy. No article as alleged was recovered from the possession of the applicant and after arrest of the applicant article is planted against him only to justify the recovery. Applicant has not committed any offence of robbery and nothing has been recovered from his possession and no any po9lice personal have been received any injury as such the provision of Section 307 IPC does not attract against the applicant. Some offences are triable by the 1st Class Magistrate only. 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, Rusab @ Saurabh, 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 :- 18.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad