Neutral Citation No. - 2025:AHC:114922 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24424 of 2025 Applicant :- Bundel Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kamar Shah Alam,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 228 of 2025, under Section 109 B.N.S. and Section 3/25 Arms Act, Police Station Mahrauni, District Lalitpur, during the pendency of trial. It is argued by learned counsel for the applicants that it is a case of police encounter. In order to falsely implicate the applicants, police showed a false recovery of one counter-made pistol of 315 bore, one empty cartridge and Rs. 1100/- from applicant No. 1, one counter-made pistol of 315 bore, one empty cartridge and Rs. 910/- from applicant No. 2, one counter-made pistol of 315 bore, one empty cartridge and Rs. 520/- from applicant No. 3. Though the allegation has been levelled that the applicants made firing upon the police personnel, whereas they have not received any injury and contrary to this by police firing, applicants have received injuries. Much emphasis has been given by contending that prior to the incident of this case, which took place on 31.05.2025, the applicants had no criminal history, but the police personnel in order to save their skin have also implicated the applicants in Case Crime No. 0623 of 2025, which was registered on 31.05.2025 against unknown person for the alleged offence under Sections 311(4), 305 and 62 of B.N.S., 2023 at police station Kotwali Lalitpur, district Lalitpur, whereas it is admitted fact that theft could not happen. Lastly, it is submitted by learned counsel for the applicants that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 31.05.2025 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicants but could not dispute the above factual aspect of the matter as argued on behalf of the applicants. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that in the incident dated 31.05.2025 police personnel have not received injury, whereas the applicants have received injuries. In Case Crime No. 0623 of 2025, as per the prosecution case itself no theft was made. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail. Hence, the bail application is hereby allowed. Let the applicants-Bundel Singh, Deshpal Singh and Suraj, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicants shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicants 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. (iii) That after their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicants on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicants. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 16.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad Digitally signed by :- KASHIFA High Court of Judicature at Allahabad