Neutral Citation No. - 2025:AHC:53738 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11375 of 2025 Applicant :- Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Saran Srivastava Counsel for Opposite Party :- Vikrant Singh Parihar,Anshul Kumar Singhal,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Prakhar Saran Srivastava, learned counsel for the applicant, Sri Vikrant Singh Parihar, learned counsel for the informant, Sri Arimardan Yadav, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 483 BNSSA has been moved on behalf of accused-applicant, Rinku, seeking enlargement on bail in Case Crime No. 0032 of 2025, under Sections 191 (2), 191 (3), 190, 115 (2), 109, 352 BNS, Police Station Dhankaur, District Gautam Buddh Nagar. 4. The allegation made in the FIR is that on 19.02.2025 at about 07:15 p.m. the son of the first informant was sitting in his shop subsequently one Vinod, Subhash, Jaiprakash @ Kaliya son of Satvir and Varun, Lukky son of Vinod, they were residing in the informant village came to the shop of the first informant and due to old enmity, they committed mar-peet with son of informant by lathi-danda, iron rod and illegal weapon, then the first informant was trying to save his son, then one Varun opened fire and the fire was missed and subsequent the other accused Lukky was also fired upon Sagar with intention to kill him and the fire was hit upon the abdomen of Sagar and the informant crowed loudly then all the accused run away from the place of occurrence. 5. 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 25.02.2025. He has criminal antecedent of one case which has been explained in para 19 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. Learned counsel for the applicant submits that as per the injury report of the injured gunshot injury found the abdomen of injured and no other injury has been shown. It is submitted that no any recovery has been made from the possession of applicant or his pointing out. The pistol of 32 and 315 bore were recovered from the possession of co-accused Lukky and Varun. As per the statement of independent witness namely Amit the co-accused Lukky and Varun were fired upon the injured Sagar. No specific role has been assigned against the applicant. Applicant has not committed the alleged offence or participating in any manner and he was not present at the time of alleged incident, his name has been surfaced during course of investigation in the statement of eyewitness Amit he has stated that at the time of incident, applicant and other accused persons came there. Hence, bail has been prayed for. 6. 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. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Rinku, 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. 10. 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 :- 10.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad