Neutral Citation No. - 2025:AHC:90377 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14226 of 2025 Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Suresh Dhar Dwivedi, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Naushad, seeking enlargement on bail in Case Crime No. 43 of 2025, under Sections 109(1), 345(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 Arms Act, Police Station- Wevcity, District- Ghaziabad. Larned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.02.2025. Learned counsel for the applicant submits that it is a no injury case. Recovery of one country made pistol of 315 Bore, from the possession of the applicant is planted one as there is no independent witness of the alleged recovery. He has criminal antecedent of 14 cases including the present case has been duly 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. co-accused Shahnawaz @ Shahnawaz, has been granted bail by this Court in Criminal Misc. Bail Application No. 12733 of 2025, vide order dated 18.04.2022. Hence, bail has been prayed for. Learned A.G.A. has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Naushad, 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 :- 27.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad