Neutral Citation No. - 2025:AHC:72264 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5411 of 2025 Applicant :- Shahzad Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh,Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri 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, Shahzad, seeking enlargement on bail in Case Crime No. 299 of 2024, under Sections 109, 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Simbhawali, District Hapur. 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 7.12.2024. Learned counsel for the applicant submits that the case set up by the prosecution is that applicant has opened fire upon the Police Party. In the said incident, Police have not received any injury. However, three persons including the applicant have received bullet injury which was fired from Police side. Charge-sheet in this case has already been submitted before the Court below on 17.12.2024. Whatever recovery is possible, the same have already been effected. He has 3 cases of criminal antecedent, which have sufficiently been explained 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 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, Shahzad , 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 :- 6.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad