Neutral Citation No. - 2025:AHC:50538 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 772 of 2025 Applicant :- Shahjad And Another Opposite Party :- State Of Uttar Pradesh Through Principal Home Secretary, Lucknow (U.P) Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicants, Shahjad and Amir, seeking enlargement on bail in Case Crime No. 402 of 2024, under Sections 191 (2), 191 (3), 190, 109 (1), 115 (2), 352, 351 (2), 132, 125, 309 BNS and under Section 7 of Criminal Law Amendment Act, Police Station Shikarpur, District Bulandshahr. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this case crime number and is languishing in jail since 25.11.2024. they have 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. Learned counsel for the applicant submits that the applicants have been falsely implicated in the present incident, ;merely because they are resident of same village, wherein the raid of the awarded accused Fakhruddin took place. The applicants are not named in the FIR. The present FIR has been lodged with the sole motive of harassing the applicants; Applicants are not present at the date and time of incident; nothing has been recovered from the possession of the applicants; the police team has falsely implicated the applicants and other villagers merely to create terror and pressure upon the villagers to show good work; no specific role has been assigned to the applicants. Applicants have no role for causing the injuries to the police team and the first information report lodged against the applicant is based on surmises and conjectures. Hence, bail has been prayed for. 4. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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-applicants, Shahjad and Amir, 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 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 their bail. Order Date :- 7.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad