Neutral Citation No. - 2025:AHC:88088 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14947 of 2025 Applicant :- Suneel Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Anil Kumar Singh, 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, Suneel, seeking enlargement on bail in Case Crime No. 404 of 2024, under Sections 190, 191 (2), 191 (3), 109 BNS and Section 3/25 (1-B) Arms Act, Police Station Dataganj, District Budaun. 3. The allegation made in the FIR is that seven persons make discriminate firing and one fire arm injury received by injured person. 4. 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 24.2.2025.. He has no criminal antecedent 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 it is a cross case, earlier from the side of first informant, present FIR bearing case Crime No.0404 of 2024, under Sections 191 (2), 191 (3), 109 BNS, Police Station Dataganj, District Budaun, was lodged for the same incident on the same day on 22.10.2024 at 23:42 hours, in which from the side of applicants 7 named persons have been made accused and, thereafter, from the applicant side had lodged the FIR bearing Case Crime No. 0405 of 2024, under Sections 191 (2), 191 (3), 109, 351 (2) BNS, P.S. Datagtanj, District Budaun, on 23.10.2024 at 01:20 hours, against 9 persons in respect to the same incident which took place on 22.10.2024. In the said incident from the side of first informant, 9 persons have been made accused. He further submits that the injury sustained by the injured on non vital part, which is simple in nature. No specific role has been assigned to the applicant and the recovery made from the possession of the applicant was not supported by any independent witness. No case is made out under Section 109 BNS. Learned counsel for the applicant submits that co-accused Durvesh has already been enlarged on bail by co-ordinate Bench of this Court on 28.4.2025 in Criminal Misc. Bail Application No. 4396 of 2025. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Suneel, 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. 9. 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 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad