Neutral Citation No. - 2025:AHC:73496 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12392 of 2025 Applicant :- Bablu Marwari Opposite Party :- State of U.P. Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Ram janan Shahi, learned counsel for the applicant 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- applicant, Balu Marwari, seeking enlargement on bail in Case Crime No. 384 of 2024, under Sections-109, 3 (5) B.N.S. and 3/25/27 Arms Act, Police Station-Shyam Deurwa, District- Mahrajganj. 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 29.12.2024. First Information Report has been lodged on 05.12.2024 with the allegation that on the information of informer the the police party has tried to stop the applicant and other accused persons, the applicant opened fire on the police party and the police personnels anyhow save themselves and arrested the applicant and other accused persons. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 315 bore country made pistol along with some jewellery are planted one. Learned counsel for the applicant further submits that the applicant is in jail since last more than five months.There is no eye witness of the aforesaid recovery. Criminal history of 16 cases has been explained in the affidavit filed in support of bail application as well as 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, Bablu Marwari 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 :- 7.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad