The court emphasized the importance of considering the nature of allegations, the severity of the punishment, the character and behavior of the accused, and the possibility of witness tampering while deciding on a bail application.

JUDGMENT :

1. Heard Sri Priyadarhi Manish Advocate, the learned counsel for the applicant, Sri Anurag Verma, the learned Additional Government Advocate-I for the State and perused the record.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 431 of 2019, under Sections 420, 467, 468, 471 I.P.C. and Section 30 of Arms Act, registered at Police Station Mahanagar, District Lucknow.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the Inspector In-charge, Police Station Mahanagar on 12.10.2019, alleging that the applicant was issued a DBBL Gun License No. 1628/P.S. Mahanagar/Lucknow by the District Magistrate, Lucknow in the year 2012. The applicant had applied to the Joint Commissioner of Police, Licensing, New Delhi for registration of his license at his Delhi address, i.e., 111/A/9, Ganpati Niwas, Kishangarh, Vasant Kunj, New Delhi and he was issued License No. SDVS/2/2015/1 and UID No. 10675002 1283342015. The applicant purchased numerous fire arms on the aforesaid license claiming himself to be a renowned shooter. He projected that he had got the license issued at Lucknow transferred to Delhi but no intimation in this regard had been given to the concerned police station and the applicant continued to use both the licenses issued in two different states on two different UID’s.

4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In para 29 of the affidavit filed in support of the bail application, it has been stated that the applicant has a criminal history of eight cases but particulars of those cases has not been disclosed by the applicant in the affidavit.

5. The State has filed a counter affidavit opposing bail application and the following criminal history of the applicant has been disclosed in the counter affidavit: -

6. A rejoinder affidavit has been filed on behalf of the applicant in reply to the counter affidavit filed by the State.

7. The applicant had filed a Criminal Misc. Writ Petition No. 28833 of 2019 and by means of an interim order dated 19.10.2019 a Division Bench had stayed arrest of the applicant. However, the aforesaid writ petition has been dismissed as infructuous by means of an order dated 24.01.2022, after a charge-sheet was submitted and the trial court has taken cognizance of the case on 24.12.2020. Thereafter, the petitioner filed an Application u/s 482 Cr.P.C No. 1905 of 2022 challenging validity of the charge-sheet. The aforesaid application is pending consideration of this court and no interim relief has been granted to the applicant in that case.

8. The learned counsel for the applicant has submitted that initially the applicant was granted an Arms license by the District Magistrate, Lucknow but thereafter the applicant had shifted his residence from Lucknow to Delhi and, therefore, he had applied to the Joint Commissioner of Police, Licensing Uni