Neutral Citation No. - 2025:AHC:89946 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14369 of 2025 Applicant :- Bhimsen Opposite Party :- State of U.P. Counsel for Applicant :- Priyavrat Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Priyavrat Tripathi, learned counsel for the applicant and Shri Ajay Singh, learned A.G.A. and perused the record of the case. The present bail application under 483 B.N.S.S. has been filed on behalf of applicant-Bhimsen, with a prayer to release him on bail in Case Crime No. 104 of 2023, under Section 307 I.P.C and 3/25/27 Arms Act, Police station-Shikohabad, District-Firozabad. 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 12.02.2023. First Information Report has been lodged on 12.02.2023, with the allegation that on the information of informer the the police party has tried to stop the vehicle, loaded with the alleged stolen buffalo, the applicant and other co-accused had opened fire on the police party and the informant and other police personnels anyhow saved themselves and arrested the applicant. 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 two live cartridges and one blank cartridge are planted one. Learned counsel for the applicant further submits that the applicant is in jail since last more than two years.There is no eye witness of the aforesaid recovery. Criminal history of 10 cases has been explained in the affidavit filed in support of bail application as well as in 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, Bhimsen, 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