Neutral Citation No. - 2025:AHC:74597 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4729 of 2025 Applicant :- Rahul Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Krishna Dutt Awasthi, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Rahul Yadav, seeking enlargement on bail in Case Crime No. 506 of 2024, under Section 109, 262, 3(5) B.N.S. and 3/25/27 Arms Act, Police Station-Aonla, District-Bareilly. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 22.09.2024. First Information Report has been lodged on 22.09.2024, with the allegation that on the date of incident the police party was involved in checking and when police party has tried to stop the applicant and other co-accused persons, the applicant opened fire on the police party and the informant and other police personnels anyhow saved themselves and arrested the applicant and other co-accused persons. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 315 bore country made pistol along with one mobile and Rs. 260/- are planted one. There is no eye witness of the aforesaid recovery. Criminal history of 06 cases has been explained in the supplementary affidavit 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, but could not dispute the aforesaid facts. Considering all those 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, Rahul 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 :- 8.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad