Neutral Citation No. - 2025:AHC:26043 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46207 of 2024 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh,Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rashid, seeking enlargement on bail in Case Crime No. 485 of 2024, under Sections 109, 352, 3(5), 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station Chandausi, District Sambhal. 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 2.11.2024. He has criminal history of only one case 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 no offence as alleged in the FIR has been made out against the applicant. The incident has taken place on 27.10.2024 and F.I.R. was lodged on 30.10.2024, after three days of the incident, without any plausible explanation regarding delay. General role of firing has been assigned to the applicant. There is no motive for the applicant to commit the alleged offence. It is a no injury case. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the bail application. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rashid, involved in above mentioned case crime number be released on bail, on their 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. 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 :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad