Neutral Citation No. - 2025:AHC:93274 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15255 of 2025 Applicant :- Pratham Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Nitin Sharma, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Pratham Sharma, seeking enlargement on bail in Case Crime No. 735 of 2024, under Sections 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 Arms Act, Police Station- Kankarkhera, District- Meerut. 3. 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 18.12.2024 4. Learned counsel for the applicant submits that no specific role has been assigned to the applicant. No such recovery of arms has been made out from the possession of the applicant. There is no independent witness of the alleged recovery. The alleged recovery of pistol and live cartridges is being attributed to the applicant with malafide intention and the same is planted. The injuries sustained by the injured are on non vital part of the body. No specific role has been assigned to any of the accused persons by the first informant or the injured victim in their statements. The charge sheet has been filed on 07.03.2025 against the applicant. The co- accused person Abuzar Saife, has already been granted by this Court vide order dated 05.04.2025 passed in Crl. Misc. Bail Application No. 11016 of 2025. No offence is made out against the applicant under the aforesaid sections. 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. 5. Learned State Law Officer has vehemently opposed the prayer for bail. 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, Pratham Sharma, 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