Neutral Citation No. - 2025:AHC:34455 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46879 of 2024 Applicant :- Kayyum Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey,Ravindra Kumar Counsel for Opposite Party :- Ravindra Kumar,G.A. Hon'ble Ashutosh Srivastava,J. Learned counsel for the applicant is permitted to amend the prayer clause the course of the day. Heard Shri Avinash Pandey learned counsel for the applicant, Shri Kailash Nath Advocate holding brief of Shri Ravindra Kumar, learned counsel for the informant, Shri D.P.S. Chauhan learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kayyum, seeking enlargement on bail in Case Crime No. 310 of 2024, under Sections 109(1), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25/27 of the Arms Act, Police Station Kandhala, District Shamli. As per the prosecution story, the informant was getting his house constructed during which some tiles of the accused persons were broken, thereafter applicant along with four other accused persons abused and when the informant refrained the applicant from abusing him then, they fired upon him by country made pistol. Learned counsel for the applicant has argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.10.2024. Learned counsel for the applicant submits that the statement of the injured Saqeel stated that firearm injury has been caused from the informant side. Learned counsel for the for the applicant has further argued recovery of pistol and two live cartridges were shown from the possession of the applicant but there is no independent witness of alleged recovery. He has no criminal antecedent and 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. Learned counsel for the informant as well as learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Kayyum , 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. 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 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad