HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9401 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Prashant Tiwari, the learned counsel for the applicant, Sri Angad Kumar Vishwakarma, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 143/2025, under Sections 319(2), 318(4), 338, 336(3), 340(2)/ 61(2) BNS and 3/25 Arms Act, Police Station Hanswar, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an FIR lodged by Sub Inspector of Police on 16.05.2025, stating that on the basis of information received from a Mukhbir, the applicant was arrested and 5 live cartridges and 2 arms licenses were recovered from him which were fake. The applicant confessed that using the fake licenses he purchased cartridges from Oudh Gun House and sells the same in high price. Upon this information being given by the applicant, he was taken to Oudh Gun House and the shop keeper told that the applicant had purchased 10 cartridges from him on the basis of one of the licenses recovered from him. Thereafter the applicant was taken to the house of Ram Dhani Singh in whose name one of the licenses stood and Ram Dhani stated that he does not hold any arms license and the arms licence issued in his name, which was recovered from the applicant, is fake. From there the applicant was taken to the house of Neeraj Kumar, the person in whose name the other arms license stands, and his father was found there and he Versus Counsel for Applicant(s) : Prashant Tiwari, Desh Raj Singh Counsel for Opposite Party(s) : G.A. Gyanchand .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) stated that Neeraj Kumar does not possess any arms license. Thereafter, the applicant was arrested at 04:45 hours. The FIR was lodged at 06:55 hours. 4. The recovery memo mentions that the applicant was apprehended at 19:33 hours on 15.08.2025. 5. The learned counsel for the applicant has submitted that the recovery memo does not contain any date and time of its preparation. He has further submitted that the arrest memo does not bear the signatures of the applicant and grounds of arrest have not been informed to the applicant. 6. In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in para-25 of the affidavit, in one of which the Investigating Officer has submitted a closure report and in the second case the applicant has been granted bail and the third case stands closed upon the complaint having been withdrawn by the complainant. 7. Co-accused Sukhi Lal Verma has been granted bail by means of an order dated 12.09.2025 passed by this Court in Criminal Misc. Bail Application No. 8759 of 2025. 8. The learned AGA has opposed the applicant and he has submitted that the recovery memo contains signatures of the applicant. However, he could not dispute the submission that the arrest memo has not been signed by the applicant and the grounds of arrest have not been informed to him as also the fact that the arrest has not been witnessed by any independent person and the investigation of the matter is still going on. 9. Having considered the aforesaid facts and circumstances of the case, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Gyanchand be released on bail in the BAIL No. 9401 of 2025 2 aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. September 26, 2025 Pradeep/- BAIL No. 9401 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench