Neutral Citation No. - 2025:AHC:114113 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18723 of 2025 Applicant :- Shailendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Sameer Srivastava, learned counsels for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents 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, Sailendra Kumar, seeking enlargement on bail in Case Crime No. 26 of 2025, under Sections 318 (4), 316 (3), 351 (2), 338, 336 (3), 340 (2), 111 (2) BNS, Police Station Gunnaur, District Sambhal. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Sambhal at Chandausi, vide order dated 09.04.2025. 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 19.02.2025. Learned counsel for the applicant submits that applicant has been booked for the offence punishable under Sections 318 (4), 316 (3), 351 (2), 338, 336 (3), 340 (2), 111 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 5/25 of Arms Act, but the mandatory provisions of Section 111 (ii) of BNS would not attract against the applicant because neither any previous charge sheet has been filed against the applicant nor applicant has been charge sheeted by any competent Court. So far as imposition of Section 5/25 of Arms Act is concerned, the false recovery of pistol, bullet etc., have been shown to be recovered from the possession of applicant and co- accused persons and applicant has falsely been implicated in the present case. He has no criminal antecedent except the present case 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. 4. Learned AGA has vehemently opposed the prayer for bail, but could not dispute the aforesaid legal aspect of the matter. 5. 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. 6. Accordingly, the bail application is allowed 7. Let the accused-applicant, Shailendra 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 15.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad