Neutral Citation No. - 2025:AHC:88623 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8221 of 2025 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Srijan Pandey Counsel for Opposite Party :- Ajay Kumar Mishra,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Srijan Pandey, learned counsel for the applicant, Sri Ajay Kumar Mikshra, learned counsel for the first informant, 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, Monu, seeking enlargement on bail in Case Crime No. 68 of 2024, under Sections 307, 504, 506 IPC and Section 3/25/27 Arms Act, Police Station Kandhala, District Shamli. 3. The allegation made in the FIR is that on 17.03.2024, at about 8:30 p.m., the applicant having armed with pistol came to the alley in front of the house of the first informant and when Jaidev asked the applicant to go home, whereupon the applicant without any instigation started firing firstly, upon Gagan and then Jaidev and in this incident, Jaidev sustained firearm injury on his leg. 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 01.07.2024. 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. It is also argued that charge sheet was filed on 25.05.2024 and the applicant was not nominated therein. The name of the applicant finds place in the supplementary charge sheet filed on 01.07.2024. Learned counsel for the applicant submits that the injured Jaidev has medically examined and as per the medical report injured sustained one multiple injuries with minimum dimension of 0.2cm. x 0.2 cm (depth unidentified) and maximum dimension of 0.4cm x 0.4 cm (depth unidentified) on the right thigh within a area of 70 cm; No blackening, No. tattooing, Fresh bleeding and during course of medical examination the doctor was unable to ascertain the cause of injuries or the nature of weapon which may have been used for causing the same. The medical report of injured Jaidev does not corroborate with the prosecution version. During investigation the investigating officer has failed to collect any spent cartridges from the alleged place of occurrence and further failed to show that the country made pistol shown to have been recovered from the applicant is the one which was used in the incident. The alleged recovery is false and planted one. The applicant has not committed the alleged offence as alleged in the FIR. No case is made out against the applicant under the aforesaid sections and the alleged entire prosecution story against the applicant is false, fabricated and 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, Monu, 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 :- 23.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad