HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33891 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Vikrant Rana, leaned counsel for the applicant Shri Arimardan Yadav, learned A.G.a. for the State as also Shri Akash Tomar, learned counsel for the first inforant and perused the records. The instant Bail Application under Section 483 of BNSS 2023, has been filed seeking enlargement on bail in Case Crime No. 244 of 2025 under Sections 109 (1), 352, BNS and 3/25/27 of the Arms Act, Police Station-Partapur, District-Meerut, during the pendency of the Trial before the Court Below. The bail application of the applicant before the Court below has been rejected by the learned Additional Sessions Judge, Court No. 1, Meerut and the applicant has been languishing in jail since 23.06.2025. It has been argued by the learned counsel for the applicant that the applicant is entirely innocent and has been falsely implicated in this very case crime number for alterior purposes. It has been argued that the First Information Report was lodged nominating 3 named persons including the applicant and some unknown persons with the allegation that the informant's brother and his cousin were standing near Kashi Toll at 9.15 to 9.30 p.m. on 16.06.2025 when the accused persons including applicant reached there and started abusing them and when asked not to do so they opened fire upon the brother and cousin. The informant's brother Nitin sustained 2 gun shot injuries in the right leg and cousin Tushar sustained firearm injury in his left hand. The accused persons later ran away. It has been argued that no specific role has been assigned to the applicant and general allegations have been raised against all accused persons. The informant in his statement under Section 180 BNSS has assigned the role of opening fire upon the brothers. It has been argued that the injuries sustained by the injured do not match with the medical report in as much as in the medical reports of the injured persons reflect that injuries are stated to have been caused by hard and blunt object and not gun shot. The report further reflects the absence of tattooing or blackening. Even other wise the injuries sustained by the injured are on non vital parts and were not dangerous to life. There is no CCTV footage to corroborate the occurrence of the incident by the applicant in as much as the applicant has not been identified int he Versus Counsel for Applicant(s) : Vikrant Rana Counsel for Opposite Party(s) : G.A. Avnish .....Applicant(s) State of U.P. .....Opposite Party(s) CCTV footage collected by the Investigating Officer during investigation. The recovery of pistol and mobile phone upon the pointing out of the applicant from the sugarcane field is a planted one and has been made in absence of any public witness. The criminal antecedents of the applicant have been duly explained in para 35 of the bail application in which the applicant is already on bail. the applicant undertakes to abide by the conditions imposed for his release on bail and shall cooperate in the trial and not misuse the liberty of bail if the same is granted. Prayer for bail is accordingly made. Per contra, learned AGA and Shri Akash Tomar learned counsel for the informant have vehemently opposed the bail plea by submitting that the complicity of the applicant stands established from the fact that in the CCTV a persons is seek shooting and recovery of the pistol has been made on the pointing out of the applicant. They however could not rebut the submissions of learned counsel for the applicant regarding the medical reports of the injured persons being not in consonance with the prosecution version as set out in the First Information Report. 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, Avnish, 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. October 7, 2025 Deepak/ BAIL No. 33891 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad