Neutral Citation No. - 2025:AHC:69029 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3850 of 2025 Applicant :- Vikesh Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anil Mali, Advocate, under the authority of Shri Om Narayan Pandey, learned counsel for the applicant and Shri Arimardan yadav, 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, Vikesh, seeking enlargement on bail in Case Crime No. 146 of 2024, under Section 307, 504 I.P.C. and 3/25 of Arms act, Police station-Fatehganj East, District-Bareilly. 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 16.08.2024. Learned counsel for the applicant submits that a First Information Report dated 20.06.2024 has been lodged by the first informant with the allegation that due to quarrel between the children the applicant and one other co-accused hurled abuses the thereafter the applicant has given fire arm shot upon injured Omkar which hit the left feet of the injured. Learned counsel for the applicant submits that however, the injury was on the non vital part of the body of the injured but the Doctor has opined it as grievous in nature. Recovery of one country made pistol and one empty cartridge has been shown from the possession of the applicant. The recovery is planted one as there is no independent witness of the aforesaid recovery. Criminal history of two cases has been explained in the affidavit filed in support of bail application 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 AGA has 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, Vikesh, 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 :- 1.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad