Neutral Citation No. - 2025:AHC:81667 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16525 of 2025 Applicant :- Tillu Marwari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Alok Ranjan Tripathi,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Alok Ranjan Tripathi, learned counsel for the applicants and Shri Anil Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicants seeking enlargement on bail in Case Crime No. 384 of 2024, under Sections 109, 3(5) B.N.S. and 3/25 of Arms Act, Police Station-Shyam Deurwa, District-Mahrajganj. Learned counsel for the applicants argued that the accused- applicants are innocent and has been falsely implicated in this very case crime number. The First Information Report has been lodged on 05.12.2024 with the allegation that on the information of informer the the police party has tried to stop the applicants and other accused persons, the applicants opened fire on the police party and the police personnel anyhow save themselves and arrested the applicants and other accused persons. He further submits that all the witnesses are Police Personnel and there is no independent witness of the alleged incident. Learned counsel for the applicants submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 315 bore country made pistol along with some jewellery are planted one. Learned counsel for the applicants further submits that the applicants are in jail since last more than five months.There is no eye witness of the aforesaid recovery. The Applicant No.1 has criminal history of 2 cases and the Applicant No. 2 has criminal history of five cases, which have been explained in the affidavit filed in support of bail application. It is further submitted that the co-accused Bablu Marwari and Dori Marwari have been granted bail by this Court vide order dated .07.05.2025 and 18.04.2025 passed in Criminal Misc. Bail Application Nos. 112392 of 2025 and 12741 of 2025. The applicants are languishing in jail since 29.12.2024 and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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-applicants, Tillu Marwari and Kalla Marwari, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail. Order Date :- 16.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad