Neutral Citation No. - 2025:AHC:61124 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4539 of 2025 Applicant :- Vivek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ray Sahab Yadav, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Vivek Yadav, seeking enlargement on bail in Case Crime No. 07 of 2023, under Sections 3/25 of Arms Act, Police Station- Kakwan, District- Kanpur Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.01.2023. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's named disclosed in the confessional statement of one co-accused Himanshu. Recovery of one tamancha 315 bore, one live cartridge 315 bore, 8 white metal supari etc. has been shown from possession of the applicant which is totally false and fabricated as there is no independent witness of the alleged recovery. He has criminal antecedent of two cases and the same are duly explained in para 11 and 12 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, period of detention 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, Vivek Yadav, 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 :- 23.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad