Neutral Citation No. - 2025:AHC:88613 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13898 of 2025 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Ajay Kumar, seeking enlargement on bail in Case Crime No. 54 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2) BNS and Section 3/25 Arms Act, Police Station Najibabad, District Bijnor. 3. 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 20.02.2025. He has criminal antecedent of 14 cases, which has been explained in para 21 of the affidavit 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 took place on 19.02.2025 and its FIR was lodged on 20.02.2025 without giving any explanation for delay in lodging the FIR. There is no public or independent witness of the alleged recovery and all the witnesses of alleged recovery are police personals. The applicant has not committed the alleged offence but the police only to show good work dragged the name of the applicant in the present case on the basis of false recovery memo. After completing investigation, the investigating officer has filed charge sheet on 16.05.2025 against the applicant. The recovery of country made pistol is concerned the alleged country made pistol was not recovered from the possession of the applicant and the recovery of Rs. 3300/- is of the applicant. Nothing has been recovered either from his possession or his pointing out the the same are planted one and at the time of search, the procedure of BNSS has not been complied by the police as such the alleged recovery is baseless and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 4. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Ajay Kumar, 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. 8. 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 :- 23.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad