Neutral Citation No. - 2025:AHC:20110 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46339 of 2024 Applicant :- Faheem Pakhia Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Jetendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and Sri Puneet Kumar Singh, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.163 of 2024, under Sections 109(1), 310(4), 310(5) B.N.S. and Section 3, 25, 27 of Arms Act, P.S. Rajawali, District- Firozabad. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Co-accused Irfan Ansari Pakhiya has been granted bail. False recovery of Rs.1350/- and two live cartridges have been shown to be recovered from the applicant. There is no independent witness to the recovery. In Paragraphs- 11 of the affidavit filed in support of the bail application and in Paragraph 3 of the supplementary affidavit, the applicant's criminal history has been explained. The applicant is in jail since 9.9.2024. It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts. 7. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant Faheem Pakhia involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.2.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad