Neutral Citation No. - 2025:AHC:92376 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15161 of 2025 Applicant :- Prem Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Yadav Counsel for Opposite Party :- G.A.,Surendra Kumar Tripathi Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Santosh Yadav, learned counsel for the applicant, Sri Surendra Kumar Tripathi, learned counsel for informant, Sri Rajesh 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, Prem Kumar, seeking enlargement on bail in Case Crime No. 0041 of 2025, under Sections 109 (1), 352, 351 (2) BNS and 3/25 Arms Act, Police Station Dauki, District Agra. 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 28.03.2025. He has criminal antecedent of one case, which has been explained in para 2 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that it is a cross case. Earlier from the side of applicant an NCR No. 0012 of 2025 dated 19.03.2025, has been filed by one Prem Kumar against four persons namely Basudev, Banwari Lal,, Rahul and Akash, under Sections 115 (2) and 352 BNS, at P.S. Dauki, District East Commissionarate, Agra, in respect to the incident took place on 19.03.2025. Thereafter, from the side of first informant, present FIR bearing case Crime No.0041 of 2025, under Sections 109 (1), 351 (2) and 352 BNS, P.S. Daunki, District Agara, was lodged for the incident took place on 26.03.2025 at 11:00 a.m., in which from the side of applicants Rajendra Fauji, Prem Kumar (applicant) and two unknown persons have been made accused. The injured were medically examined on 27.03.2025. As per the injury report of the injured, they have received two injuries, which are simple in nature. The injury reports are false and fabricated and have been manufactured for the purpose of the present criminal proceedings. Both the injured namely Krishna and Suryansh @ Imarav were medically examined after 27 hours and in that duration their injuries were found fresh. The alleged recovered pistol (32) bore- does not use pellets or gun powder, unlike the alleged country made firearm, and no ballistic evidence can link it to the incident, therefore, the alleged recovery is forged and fabricated. There is no independent witness of the recovery memo. The police took the applicant from his house to Dauki Police station on the pretext of interrogation and arrested him in this case. There is material contradiction in the prosecution story and the statement of the witnesses recorded during course of investigation. No offence is made out against the applicant under the aforesaid sections. The entire prosecution story is false, fabricated and doubtful. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informat 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, Prem 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: 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 :- 27.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad