Neutral Citation No. - 2025:AHC:17406 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41452 of 2024 Applicant :- Yashpal Singh @ Kalua Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Raghuvanshi,Ashwani Tripathi,Ramanuj Tripathi,Sujan Singh Counsel for Opposite Party :- G.A.,Shyam Babu Vaish Hon'ble Ashutosh Srivastava,J. Heard Shri Sujan Singh, learned counsel for the applicant, Shri Ajay 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, Yashpal Singh @ Kalua, seeking enlargement on bail in Case Crime No. 483 of 2024, under Sections 109, 352, 351 (2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of Arms Act, Police Station Tappal, District Aligarh. 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 30.9.2024. Learned counsel for the applicant submits that the prosecution story does not corroborate with the medical evidence. As per medical report, injuries received on the person of injured Dharampal was only reported to be abrasion. Injured Dharampal was also referred for x-ray examination of his body and according to x-ray report, nothing abnormal was detected. However, with regard to injuries received on the right half face of the injured, doctor has noticed metallic deformity and he has also referred the same for Forensic and Ballistic expert opinion regarding nature and duration of injury. There is no any opinion of any forensic/ballistic expert regarding nature and duration of type of object of injuries and as such, it is a case of false implication. As per prosecution case, injured had received fire arm injury from . 315 pistol, but from the perusal of photographs annexed as Annexure-2, it cannot be said that injured had received fire arm injury on his person. Learned counsel for the applicant submits that charge-sheet in this case has already been produced on 27.12.2024, but till date charges have been framed against the applicant. The case is at a snail pace. He has no criminal antecedent 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, Yashpal Singh @ Kalua, 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 :- 6.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad