Neutral Citation No. - 2025:AHC:86376 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8701 of 2025 Applicant :- Irfan Khan Alias Irfan Mistri Opposite Party :- State of U.P. Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.,Jai Raj Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Viveka Nand Rai, learned counsel for the applicant, Sri Devi Dayal Tiwari, Advocate, holding brief of Sri Jai Raj, learned counsel for the first informant, Sri Ajay Singh, 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, Irfan Khan @ Irfan Mistri, seeking enlargement on bail in Case Crime No. 05 of 2025, under Sections 109, 61 (2) BNS & Section 3/25 Arms Act, Police Station Fatehpur Sikri, District Agra. 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 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. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged in the FIR and during course of investigation, investigating officer has not collected sufficient credible and cogent evidence against the applicant. On 11.01.2025 injured was medically examined and as per the medical examination report, the injuries sustained by the injured are simple in nature and not on the vital part. The role of firing has been assigned to the applicant and one tamancha 12 bor has been recovered from his possession. The entire allegation made in the FIR is totally false and concocted. Hence, bail has been prayed for. 4. 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. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Irfan Khan @ Irfan Mistri, 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. 8. 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 :- 20.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad