Neutral Citation No. - 2025:AHC:11943 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43641 of 2024 Applicant :- Sukhveer @ Neta Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sushil Kumar Dubey, learned counsel for the applicant and Sri Shashank Singh, learned counsel holding brief of learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.28 of 2024, under Sections 5/25 Arms Act, P.S. Vaidpura, District Etawah. Learned counsel for applicant submits that applicant has been falsely implicated in this case. There is no independent witness to the alleged recovery shown by the police. Applicant is not involved in the manufacturing of illegal weapon. The confessional statement of Sukhveer depicts that he is the owner of the tubewell and hut ant not the applicant. Applicant is not the resident of the place of incident. Police has falsely implicated the applicant. He submits that the applicant is in jail since 27.04.2024. Co-accused, Sudhir Kumar, has already been granted bail by co-ordinate Bench of this Court vide order dated 05.11.2024 passed in Criminal Misc. Bail Application No. 21418 of 2024. Hence, bail has been prayed for. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 27.04.2024, offences are triable by magistrate, applicant has explained the criminal history and there appears to be no independent witness of the recovery, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sukhveer @ Neta be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad