Neutral Citation No. - 2025:AHC:26092 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42396 of 2024 Applicant :- Shivam Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Ravat,Ruchita Jain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shivam Dubey, seeking enlargement on bail in Case Crime No. 216 of 2024, under Sections 109 and 117 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station-Raksa, District- Jhansi. 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 01.09.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 29.08.2024, after a delay of one day, for the incident occurred on 28.08.2024, with the allegation that four persons, including the applicant, came to the shop of the injured and given fire arm shot. The injured in his statement under Section 180 B.N.S.S. has said that one Ritik Pandey has told him that the applicant Shivam Dubey has given him fire arm shot. Injury is at non vital part. Recovery of country made pistol from the place of incident is planted one. There is no independent witness of the alleged recovery. 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, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. Considering all above 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, Shivam Dubey, 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 :- 24.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad