Neutral Citation No. - 2025:AHC:64004 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4434 of 2025 Applicant :- Munna Miya Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Kashyap Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Amrita Kashyap, learned counsel for the applicant, Sri Shashank Singh, Advocate, holding brief of 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, Munna Miya, seeking enlargement on bail in Case Crime No. 335 of 2024, under Sections 109, 61 (2) BNS and Section 3/5A, 5B/8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act as well as Section 3/4/25/27 Arms Act, P.S.- Tamkuhi Raj, District- Kushi Nagar, during pendency of the trial in the Court below. 3. The allegation made in the FIR is that it is a case of police encounter and when the applicant and other co-accused persons opened fire upon the police persons and in their protection the police also fired at the lower part of their bodies and it is further alleged in the FIR that from the possession of the applicant one Tamancha of 315 bore along with Rs. 2620/-, 3 live cartridges of 315 bore and one Relme mobile were recovered. 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 13.11.2024. He has criminal antecedent of one case, in which he has been enlarged on anticipatory bail by court bellow, vide order dated 07.08.2023, which has been explained in pare 7 of the affidavit, filed in support of the bail application 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 as per the FIR version, applicant opened fire upon the police persons but surprisingly, no police person was injured in the firing. It is submitted that no such incident took place as alleged in the FIR and no offence under aforesaid section is made out against the applicant. There is no independent witness of the alleged incident and the charge sheet has been filed against the applicant. In fact, the applicant has been falsely implicated in the present case due to ulterior motive and the money alleged to be recovered from his possession is of the applicant. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Munna Miya, 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. 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 :- 22.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad