Neutral Citation No. - 2025:AHC:48907 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8453 of 2025 Applicant :- Krishnapal Alias K.P. Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Shri Ashutosh Kumar Singh, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Krishnapal @ K.P., seeking enlargement on bail in Case Crime No. 387 of 2024, under Sections 307, 504 of the Indian Penal Code and Section 3/25 Arms Act, Police Station Izzatnagar, District Bareilly. 4. 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 30.06.2024. He has criminal antecedent of 15 other cases, which has been explained in para 18 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that it is case of police firing and no injury case. The applicant is not named in the FIR. The name of the applicant came into the light in the statement of co-accused Lalit Saxena although applicant was not arrested on the spot and he was arrested on 30.06.2024 and the police has shown recovery of one country made pistol from the possession of the applicant although nothing was recovered from the possession of the applicant. The prosecution story is false and frivolous and the applicant has falsely been implicated in the present case due to ulterior motive and malafide intention and without collecting any cogent evidence, the applicant has made accused in the present case. Prima facie no case is made out against the applicant under the aforesaid sections. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have 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, Kishnapal @ K.P., 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. 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 :- 4.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad