Neutral Citation No. - 2025:AHC:51304 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10136 of 2025 Applicant :- Shamsher Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Dwivedi, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Shamsher, seeking enlargement on bail in Case Crime No. 27 of 2024, under Sections-307 I.P.C., Police Station- Sikandara, District-Kanpur Dehat. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 08.02.2024. First Information Report has been lodged on 08.02.2024 with the allegation that on the information of informer the police party has tried to stop the applicant the applicant opened fire on the police party and the informant and other police personnels anyhow save themselves and arrested the applicant. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 312 bore country made pistol along with one live cartridge and one blank cartridge are planted one. There is no eye witness of the aforesaid recovery. Criminal history of 4 cases has been explained in paragraph no. 7 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Shamsher, 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. 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 :- 9.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad