Neutral Citation No. - 2025:AHC:85486 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11553 of 2025 Applicant :- Guddu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Dhiraj Kumar Pandey, learned counsel for the applicants and Shri Anil 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- applicants, Guddu and Patalia @ Patal Singh, seeking enlargement on bail in Case Crime No. 250 of 2024, under Sections-109, 191 (2), 191 (3) and 190 B.N.S., Police Station-Nagal, District- Saharanpur. Learned counsel for the applicant at the very outset submits that the bail application so far as applicant no. 1 is concerned is being not pressed and is being pressed only for the applicant no. 2 namely, Patalia @ Patal Singh. 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 06.09.2024. First Information Report has been lodged on 21.08.2024 with the allegation that on the information of informer the police party has tried to stop some persons then they opened fire on the police party and the informant and other police personnel anyhow saved themselves and opened fire in self defence in which two accused persons namely Guddu and present applicant Pataliya @ Patal Singh sustained gunshot injuries and thereafter both of them were apprehended from the spot. From the possession of both the injured accused persons country made pistols, some cartridges and other materials have been recovered. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. He further submits that the recovery shown from the possession of the applicant is planted one. There is no eye witness of the aforesaid recovery. Co-accused Chhotu and Ganpat @ Ganesh, have been granted bail by this Court as well as by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 8729 of 2025 and 6543 of 2025, vide orders dated 17.03.2025 and 21.04.2025. Criminal history of two cases has been explained in the supplementary affidavit 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, Patalia @ Patal Singh, 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 :- 21.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad