Neutral Citation No. - 2025:AHC:90640 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15266 of 2025 Applicant :- Deepak @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta Singh Counsel for Opposite Party :- Ashwani Tripathi,G.A.,Ramanuj Tripathi Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today, is taken on record. Heard Sri Rakesh Kumar Maurya, learned counsel for the applicant, Sri Ashwani Tripathi, learned counsel for the informant; Sri Anil Kumar Singh, learned AGA for the State- respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Deepak @ Chhotu, seeking enlargement on bail in Case Crime No.343 of 2024, under Sections 191(2), 191(3), 352, 109, 351(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Gabhana, District Aligarh. 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 08.11.2024. Nothing has been recovered from the possession of the applicant but police has allegedly shown a recovery of country made pistol. There is no any independent witness of the alleged recovery. He submits that co-accused Kapil, Hawaldar, Ayush alias Nauna and Rohit Kumar have already been released on bail by this Court and the bail orders have been annexed as Annexure 6 of the affidavit. The applicant has criminal antecedent of ten cases. which has sufficiently been explained in para 2 of the supplementary affidavit filed today 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 and learned counsel for the informant have vehemently opposed the prayer for bail. 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, Deepak @ Chhotu, 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 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad