Neutral Citation No. - 2025:AHC:84798 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3996 of 2025 Applicant :- Praveen Alias Saurav Opposite Party :- State of U.P. Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan,Ravi Pandey Counsel for Opposite Party :- G.A.,Mamta Singh Hon'ble Ashutosh Srivastava,J. Heard Shri Ravi Pandey, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents as also Ms. Mamta Singh, learned counsel for the first informant and perused the records. The instant bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Praveen Alias Saurav, seeking enlargement on bail in Case Crime No. 406 of 2024, under Section 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 25/27 of Arms Act, Police Station- Atrauli, District- Aligarh during the pendency of the trial before the court below. The bail application of the applicant was rejected by the learned Sessions Judge, Aligarh vide order dated 12.09.2024 and the applicant has been languishing in jail since 26.07.2024. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case for ulterior motive. It has been argued that in the FIR dated 22.07.2024 giving rise to the present case crime number, the applicant along with one Pradeep and one unknown person has been nominated to have caused firearm injury to Rajit, the son of the first informant who is stated to have suffered grievous injuries. In the FIR no specific role has been assigned to the applicant. However, in his statement recorded after 20 days, injured has assigned the role of causing fire arm injury to the applicant. The injured was examined in a private hospital and on injury size 0.2cm x 1cm has been shown on the back of left side shoulder. Chest X-Ray was advised and was done on 23.07.2024 and no collision increase in lungs was seen. It is argued that the alleged injury has been shown on the left side of the shoulder and is not on any vital part of the body. The injured was discharged from hospital after two days. The doctor who examined the injured has not opined that the injuries suffered were dangerous to life. The co-accused, Lalit Sharma and Pankaj have been granted bail by this Court vide orders dated 22.01.2025 passed in Criminal Misc. Bail Application No. 46279 of 2024 and 03.12.2024 passed in Criminal Misc. Bail Application No. 34996 of 2024. The recovery of the Tamancha of 0-32 calibre and one live cartridge from the applicant is false and a planted one. The applicant has clean antecedents. Hence, bail has been prayed for. Learned counsel for the informant as also the learned AGA have vehemently opposed the bail plea by submitting that the injured has specifically nominated the applicant for causing the fire arm injury though they could not dispute the fact that the applicant was nominated for the offence alleged after 20 days of the incident at the time of recording statement of the injured under Section 180 B.N.S.S. and that the injuries were not dangerous to life. 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, Praveen Alias Saurav, 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 :- 7.5.2025/Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad