HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22977 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Raj Kumar Khanna, learned counsel for the applicant, Sri Arvind Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.340 of 2024, under Sections 103(1), 61(2) B.N.S. and 3/25/27 of Arms Act, Police Station-Sambhal, District Sambhal, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Applicant is not named in the FIR. The only evidence against the applicant created by the police is his own confession before the arresting officer which has no evidentiary value being hit by Section 23 of the Bhartiya Shakshya Adhiniyam. It is true that there is a recovery of 32 bore country made pistol at the pointing out of the applicant but there is no injury corroborating the said weapon. There is no criminal history of the applicant. The applicant is languishing in jail since 18.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application on the ground that weapon recovered from the applicant has matched the weapon recovered from the spot and the applicant was in regular touch with the actual perpetrator of the crime i.e. Sariq Satha, as such, applicant is not entitled for bail. Versus Counsel for Applicant(s) : Raj Kumar Khanna, Sandal Khanna Counsel for Opposite Party(s) : G.A. Mulla Afroz .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the applicant was not named in the FIR, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Mulla Afroz, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 Karan BAIL No. 22977 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad