Neutral Citation No. - 2025:AHC:82857 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3870 of 2025 Applicant :- Munshi Ram Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Surya Pratap Singh, Advocate, holding brief of Sri Sanjay Kumar Yadav, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Munshi Ram, seeking enlargement on bail in Case Crime No. 464 of 2024, under Sections 317 (2) BNS and Section 3, 5, 7, 12, 25, 27 Arms Act, Police Station Sidhari, District Azamgarh. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 04.04.2024. 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. Learned counsel for the applicant submits that the incident took place on 04.12.2024 at 02:30 hours and its FIR was lodged on 04.12.2024 at 07:11 hours against the applicant and five other accused persons. There is no public witness of the alleged recover, therefore, the recovery memo is false and concocted. Nothing has been recovered from the possession of the applicant and the alleged recovery is planted by the police. The applicant has no concern with the present incident, but the police has been falsely implicated the applicant on the basis of disclosure of his name by co-accused Rambilas Chauhan. In fact, before the four months of the alleged incident co-accused Sanjay Vishwakarma purchased buffalo from the applicant upon consideration of Rs. 45,000/- and had given Rs./ 10,000/- to the applicant and given promise for payment of remaining balance Rs. 35,000/- after 15 days, but the co accused Sanjay Vishwakarma has not given the remaining amount to the applicant, thereafter several time the applicant made pressure upon co-accused for payment of remaining balance of Rs. 35,000/-, but he did not paid the same and due to which the applicant has been made accused in the present case along with co-accused persons. Hence, bail has been prayed for. 4. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Munshi Ram, 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. 8. 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 :- 16.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad