Neutral Citation No. - 2025:AHC:81083 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9100 of 2025 Applicant :- Lavi Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Jainendra Kumar Mishra,Priyanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed rejoinder affidavit, which is taken on record. 2. Heard Sri Jainendra Kumar Mishra, learned counsel for the applicant, Sri Shashi Prakash Rai, Advocate, holding brief of 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, Lavi Mishra, seeking enlargement on bail in Case Crime No. 20 of 2025, under Sections 109 (1), 118 (1) BNS and Sections 4/25 and 9/25 Arms Act, Police Station Ghatampur, District Kanpur Nagar. 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 19.01.2025. 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 incident has been occurred on 18.01.2025 at about 10:45 O'clock but the FIR was lodged at about 14:16 O'clock after about 4 hours delay against unknown person. It is submitted that in fact the applicant sustained grevious injuries, whereas the FIR was lodged against unknown person on the basis of false and concocted story only to save the officials of the bank. The applicant was medically examined and as per the medical examination report, the condition of the applicant is very critical and due to which, he was refer to surgery for further management. Alleged recovery of desi pistol, knife, surgical knife and suja from the possession of the accused person has been made, but the FIR was lodged only under Sections 109 (1), 118 (1) BNS which shows that the allegation made in the FIR itself are contradictory. The applicant was caught by the bank officers, but his name was not disclosed in the FIR. It is next submitted that the branch of the bank is public place, but the investigating officer has not recorded any statement of any person and on the basis of statement of bank officers, the applicant has been falsely implicated in the present case, which is totally false and manipulated. There was no involvement of the applicant in the alleged crime and no offence is made out against the applicant under the aforesaid sections. There is no independent eye witness in the alleged incident and the 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, Lavi Mishra, 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 :- 14.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad