Neutral Citation No. - 2025:AHC:79363 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14882 of 2025 Applicant :- Atul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Yadav,Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shivam Yadav, learned counsel for the applicant, Shri Heera Lal, learned counsel for the first informant and Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Atul Kumar, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 109, 351 (2), 351 (3) of Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of Arms Act, Police Station-Etmaddaula, District-Agra. Learned 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 21.01.2025. Learned counsel for the applicant submits that First Information Report has been lodged on 19.01.2025, by the first informant with the allegation that his son Anand Verma while returning from the Mehtab Bagh market, the applicant and his brother namely Jugnu, who earlier threatened the victim with dire consequences, chased him and has caused fire arm injury with an intention to kill him. Learned counsel for the applicant submits that the victim in his statement has said that on the instigation of the pillion rider, the applicant Atul, who was driving the motor cycle has caused fire arm injury upon the victim. He further submits that it is impossible that a person who is stated to be driving motor cycle can cause fire arm injury upon the injured. Learned counsel for the applicant submits that the injury is on the non vital part of the body of the injured. The recovery of country made pistol on the pointing out of the applicant is planted one as there is no independent witness of the alleged recovery. Co-accused Prakash Kumar, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 8126 of 2025, vide order dated 23.04.2025. 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. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA have vehemently opposed the prayer for bail but could not dispute the fact that the injury is at non vital part of the victim and the applicant has no criminal antecedents. 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, Atul 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. 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 :- 14.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad