Neutral Citation No. - 2025:AHC:104113 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5529 of 2025 Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard J.B. Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2.This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Rizwan, seeking enlargement on bail in Case Crime No. 370 of 2024, under Sections 3 (5), 111 (2)B, 310 (2), 317 (2), 317 (3), 317 (4), 336 (2) BNS and Section 3/25 Arms Act, Police Station Lisari Gate, District Meerut. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 05.12.2024. He has criminal antecedent of 22 cases, in which 19 cases have been explained in para 4 of the 2nd supplementary affidavit and 3 cases have been explained in para 3 of the third supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the incident took place in the night of 04.10.2024 at 1:45 to 2:00 a.m. and its FIR was lodged on 05.10.2024 after 7 hours of the incident without giving any explanation for delay in lodging the FIR. The FIR was lodged against unknown persons with regard to robbery. It is alleged that during course of investigation the police has arrested the applicant and one Ravi Kumar on 04.12.2024 near Vikaspuri Powerhouse and recovered a country made pistol and Rs. 500/- from the possession of the applicant and also recovered a knife and Rs. 500/- from the possession of co-accused Ravi Kumar along with one motorcycle and police has prepared a recovery memo on the very same day and deleted Section 309 (6) of BNS and added Section 3 (5), 111 (2)2, 310 (2), 317 (2), 317 (3), 317 (4), 336 (2) BNS and Section 3/25 Arms Act against the applicant and also added Sections 3 (5), 111 (2)2, 310 (2), 317 (2), 317 (3), 317 (4), 336 (2) BNS and Section 4/25 Arms Act against co-accused Ravi Kumar. He submits that co-accused Ravi Kumar has been granted bail by coordinate Bench of this Court vide order dated 30.04.2025 passed in Crl. Misc. Bail Application No. 6060 of 2025. It is next submitted that the applicant is not named in the FIR and nothing has been recovered from his possession or his pointing out. Name of the applicant has come into light during course of investigation in his confessional statement recorded under Section 161 Cr.P.C. It is also submitted that the applicant has not seen in CCTV footage which was collected by investigating officer and only on the basis of his confessional statement, he has been implicated in the present case and without collecting any evidence against the applicant, the investigating officer has submitted charge sheet against the applicant and other co-accused persons. There is no independent eye witness in the alleged incident and as such the alleged entire prosecution story against the applicant is false, fabricated, baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rizwan, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 3.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad