Neutral Citation No. - 2025:AHC-LKO:45080 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7159 of 2025 Applicant :- Rakesh Gautam @ K.D. Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shailesh Kumar Srivastava, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate for the State and perused the records. The supplementary affidavit filed today in court is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0103 of 2025, under Sections 317(2), 319(2), 318(4), 338, 336(3), 340(2) of B.N.S., Section 3/25 of Arms Act and Section 4/5 of the Explosive Substance Act, 1908, registered at Police Station Aspur Devsara, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 18.04.2025 stating that the applicant was arrested on the basis of suspicion. A stolen motorcycle, a country made pistol, two live cartridges, for illegal country made bombs and two mobile phones were recovered from the applicant. The F.I.R. states that although there were some passersby, nobody witnessed the alleged recovery. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has been state in the affidavit that the police had taken away the applicant from his residence. The applicant's wife had made a complaint in this regard on Jansunvai Portal and the police has falsely shown arrest of the applicant and recovery from him. The applicant's involvement in 34 other criminal cases has been disclosed in the supplementary affidavit filed on his behalf, in all of which the applicant has been granted bail. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a police personnel, that no person has witnessed the recovery and the applicant's wife had made a complaint that the applicant has been taken away from his residence coupled with the fact that the applicant is languishing in jail since 18.04.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Rakesh Gautam @ K.D. be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 4.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench