Neutral Citation No. - 2025:AHC:35693 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25030 of 2024 Applicant :- Mahboob Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Mohd. Naushad, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 165 of 2024, under Section 5/25 of the Arms Act, Police Station Shamli, District Shamli. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that on 27.03.2021 the Police came to the house of the applicant and arrested the applicant. The entire episode is recorded in the CCTV footage but no proper investigation has been made in spite of the complaint being made by the wife of the accused. He submits that a false recovery memo has been submitted by the Investigating Officer, in fact, nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. The applicant is languishing in jail since 29.03.2024. It is further submitted that the co-accused Lala Alias Tasim Alias Shamim has been granted bail by this Court vide order dated 12.12.2024 passed in Criminal Misc. Bail Application No. 44634 of 2024, therefore, applicant is also entitled to be released on bail.The applicant has 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. Hence, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact. 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-applicant, Mahboob, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 11.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad