Neutral Citation No. - 2025:AHC:69619 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8384 of 2025 Applicant :- Rahul Yadav Alias Alok Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Roopesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Bijendra Kumar, 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, Rahul Yadav @ Alok Yadav, seeking enlargement on bail in Case Crime No. 63 of 2025, under Section 309 BNSS and Section 3/25 Arms Act, P.S.- Robertsganj, District- Sonbhadra, during pendency of the trial in the Court below. 3. 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 17.01.2025. He has a criminal antecedent of one case, which has been explained in para 24 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. 4. Learned counsel for the applicant submits that the alleged incident was happened in a very busy place but there is no signature of any public person was made in the recovery memo dated 17.01.2025. As per the recovery memo one country made pistol 315 bore and Rs. 8200/- has been recovered from the possession of the applicant. Nothing has been recovered from the possession of the applicant or his pointing out and the recovery shown against the applicant is false and planted by the police personnel only to give grievous color to the offence. Neither the applicant was present on the spot nor he was involved in the alleged crime in question. Neither the applicant was committed loot nor he was involved in any antisocial aliments group. There is no direct or indirect evidence to connect the applicant in the present crime. Present FIR is nothing but only a malicious proceeding lodged by the concerned police persons only to harass the applicant for their illegal demand. No offence is made out against the applicant under the aforesaid sections. Hence, bail has been prayed for. 5. Learned AGA has 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, Rahul Yadav @ Alok Yadav, 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 :- 30.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad