Neutral Citation No. - 2025:AHC-LKO:40737 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6555 of 2025 Applicant :- Naseeb Ulla @ Naseem Ulla Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0081 of 2025 under sections 3/25/27 Arms Act and 109 B.N.S. P.S.- Bandhuakala District -Sultanpur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. She submits that though, the allegation is that the present applicant including the other co-accused persons opened fire over the police party, but no one is injured. Next submission is that the police having the animosity with the applicant has implicated him in the present matter and there is no cogent piece of evidence against him. Further submission is that there is no independent public eyewitness of the incident. Adding her arguments, she submits that the applicant has five cases criminal history which has been explained in paragraph no. 15 of the affidavit filed in support of the bail application and he is languishing in jail since 4.7.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it prima facie transpires that present applicant including the other co- accused persons opened fire over the police party, but no one is injured; the applicant is languishing in jail since 4.7.2025; the applicant has two cases criminal history which has been explained in paragraph no. 15 of the affidavit filed in support of the bail application; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant Naseeb Ulla @ Naseem Ulla be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with 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 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench