Neutral Citation No. - 2025:AHC:28385 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41793 of 2024 Applicant :- Chandrabhan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Yadav Counsel for Opposite Party :- G.A.,Raghvendra Prakash Hon'ble Ashutosh Srivastava,J. Counter affidavit filed by the learned counsel for the first informant and rejoinder affidavit filed by the learned counsel for the applicant to the counter affidavit filed by the learned A.G.A. are taken on record. Heard Shri Jitendra Yadav, learned counsel for the applicant and Shri Vijendra Kumar, learned A.G.A. representing the State respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Chandrabhan Yadav, seeking enlargement on bail in Case Crime No. 268 of 2024, under Section 3 (5), 109, 352 B.N.S. 2023, Police Station-Kaptanganj, District-Azamgarh. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.09.2024. First Information Report has been lodged against three named persons including the applicant with the allegation that the applicant and the other accused persons have given fire arm shot upon Suresh Yadav injured. The only role of exhortation has been assigned against the applicant. The role of giving fire arm shot has been assigned to the co-accused Bhola and Shivanand. The recovery of weapon has been shown from the co-accused Bhola. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned 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, Chandrabhan Yadav, 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 :- 28.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad