Neutral Citation No. - 2025:AHC:70285 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4048 of 2025 Applicant :- Ravishankar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- Amritesh Dwivedi,G.A.,Shailendra Bhushan Dubey,Varun Kumar Shukla Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Amritesh Dwivedi, learned counsel for the applicant, Sri Purushottam Maurya, 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, Ravishankar Shukla, seeking enlargement on bail in Case Crime No. 385 of 2024, under Sections 109, 115 (2), 352, 351 (3) BNSS and Section 3/25/27 Arms Act, P.S.- Belipar, District- Gorakhpur, during pendency of the trial in the Court below. 3. The allegation made in the FIR is that the informant was erecting a wall in front of his door and place tin sheets, when the applicant and his son Harshvardhan Shukla abusing the informant, the applicant is stated to have fired a shot from his pistol which hit informant's brother Adarsh and he got injured. When the informant and his family members raised alarm, both of them ran away. 4. 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 06.11.2024. 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. 5. Learned counsel for the applicant submits that no injury reports of the injured were prepared by any medical doctor of Government Hospital and only a bed-head ticket has been shown to prove injuries suffered and hospitalization. After arrest of the applicant, a fake recovery of one pistol was shown by the police and on its basis the police has added Section 3/25/27 Arms Act. So called recovery have been shown by the police at the pointing out of the applicant and there is no independent witness of the alleged recovery. The police has also recovered one fired cartridge and live cartridge on the pointing out of the father of the informant. The applicant has not caused any injury to any person. No prima facie offence under the aforesaid section is made out against the applicant. Hence, bail has been prayed for. 6. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Ravishankar Shukla, 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. 10. 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 :- 30.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad