Neutral Citation No. - 2025:AHC:94033 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6229 of 2025 Applicant :- Saurabh Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Arpit Agarwal,Rahul Saxena Counsel for Opposite Party :- G.A.,Pradeep Kumar Shukla,Sudarshan Singh Hon'ble Ashutosh Srivastava,J. Heard Sri Arpit Agarwal along with Sri Rahul Saxena, learned counsels for the applicant, Sri Vijendra Kumar, learned Additional Government Advocate as also Sri Sri Sudarshan Singh, learned counsel for the first informant, who has put in appearance in opposition to the bail application and perused the records. The instant bail applications under Section 483 of B.N.S.S, 2023 at the instance of the applicant Saurabh Rathore has been filed seeking enlargement on bail in Case Crime No. 1229 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352 of B.N.S. and Section 3/25 of Arms Act, Police Station Baradari, District Bareilly, during the pendency of the trial before the court below. The bail application of the applicant was rejected by the Sessions Judge, Bareilly, vide order dated 23.01.2025 and the applicant is confined in jail since 21.02.2024. Learned counsel for the applicant contends that the applicant is entirely innocent and has been falsely implicated in this very case for ulterior motive. It is further contended that as per the FIR version the applicant along with other co-accused persons has been accused of causing bodily injuries to the husband of the first informant when he was said to be returning from the market at 7:00 PM on 08.12.2024. The injured is stated to have fallen from his Scooty and in order to save himself he took shelter in the house of his brother Prem Pal wherefrom he is stated to have informed his other brothers Suraj Rathore and Darbari Lal. When the brothers and the injured came to he spot to collect the Scooty they were assaulted by Lathi, Danda and Firearms. The injured husband of the informant, Suraj and Prem Pal also received firearm injuries when fired upon by the applicant, Tinku, Rajat, Shivam and Aakash. Learned counsel for the applicant has invited the attention of the Court to the injury reports of the injured which shows that the injuries suffered are not grievous and non life threatening. The applicant has been falsely implicated as the present case is a counter blast to the earlier incident in which an FIR was lodged by the mother of the applicant namely Geeta Devi against the husband of the informant Lakhan Rathore, and Suraj Rathore being Case Crime No. 62 of 2024, under Sections 307, 326, 427, 504, 147, 148, 323 IPC, Police Station Baradari, District Bareilly on 23.01.2023. The recovery of one Tamancha of 315 bore and one live cartridge is a planted one and there is no independent witness to establish the recovery. The criminal history of the applicant has been duly explained in Para 35 of the affidavit filed in support of the bail application. In all the cases the applicant has been enlarged on bail or has been acquitted. It is also submitted that the first informant is a practicing Advocate in the District Court, Bareilly and the FIR has been lodged after due consultation and legal advice. It has been argued that general role has been assigned against all the accused persons including the applicant. The prosecution case is not corroborated by medical evidence. The applicant and his entire family has been falsely roped in the present case and in fact no such incident as alleged in the FIR has occurred. The incident is alleged to have taken place on 08.12.2024 between 7-7:15 PM while the FIR was lodged only on 09.12.2024 at 2:07 PM without any explanation of the delay. It is further submitted that the applicant is not a previous convict and undertakes that he will not misuse the liberty of bail if granted. It is also submitted that the co-accused Shivam Rathore has been enlarged on bail by this Court vide order dated 18.04.2025 passed in Criminal Misc. Bail Application No. 9888 of 2025. Hence, the bail is prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Saurabh Rathore, 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 :- 19.5.2025 pks/anjali Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad