HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10574 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on the basis of the information received by the informant that some unknown persons are manufacturing illegal fire arms, the police conducted a raid and found one person hammering iron pipe, other person was filling a metal pipe, while the other person was cutting iron pipe. The applicant and his father were arrested from the spot and number of incriminating articles have been recovered from their possession. 3. Learned counsel for the applicant submits that four country made pistols, one pistol and four half manufactured pistols and one semi manufactured pistol, flat body alongwith trivial items are said to have been recovered from the possession of the applicant. The applicant has no criminal antecedents he is languishing in jail since 10.09.2025. The offence is triable by the Magistrate. 4. Learned counsel for the applicant further submits that there is no independent witness of the said recovery. The applicant is a 60% disabled person and his disability certificate has been annexed as Annexure no. 4 to the bail application. He further submits that the applicant and his father have been running Vishwakarma Engineering works in Sultanpur for the last ten years and it is a case of false implication. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail and has submitted that the Versus Counsel for Applicant(s) : Vinod Kumar Tiwari, Srees Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) investigation is going on, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, considering the period for which the applicant is in jail i.e. since 10.09.2025; the fact that there is no independent witness of the said recovery; the fact that the offences are triable by the Magistrate, the minimum punishment for the said offence is 7 years; as also the fact that the applicant has no previous criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Ajay Kumar, involved in Case Crime/FIR No. 373 of 2025, Under Sections- 3/5/25 Arms Act, Police Station- Lambhua, District- Sultanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings BAIL No. 10574 of 2025 2 against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 31, 2025 DiVYa BAIL No. 10574 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench