Neutral Citation No. - 2025:AHC:69176 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3816 of 2025 Applicant :- Makbool @ Phool Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra,Devvrat Misra,Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant and Shri Purshottam Maurya, 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, Makbool @ Phool, seeking enlargement on bail in Case Crime No. 267 of 2024, under Sections 109, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and u/s 3/25 of Arms Act, Police Station -Mugalpura, District -Moradabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to previous enmity and is languishing in jail since 19.11.2024. Co-accused Aslam @ Chand, has been granted bail in Criminal Misc. Bail Application No. 8326 of 2025 vide order dated 10.03.2025. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. As per medico legal examination reports of the injured, no fire arm examination has been found, only pellet injuries were found on the body of injured and these are simple in nature and not grievous. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Makbool @ Phool, 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: 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 :- 1.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad