Neutral Citation No. - 2025:AHC:11897 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43704 of 2024 Applicant :- Aman Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amaresh Yadava,Angad Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants and Sri Shashank Singh, learned counsel holding brief of learned A.G.A. representing the State respondents. 2. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita has been moved on behalf of accused- applicant, Aman Yadav and Vikas Yadav, seeking enlargement on bail in Case Crime No. 367 of 2024, under Sections 109, 115(2), 352, 351(3), 61(2) B.N.S., Police Station Nizamabad, District Azamgarh. 3. Learned counsel for the applicants argued that the accused- applicants are innocent; they have been falsely implicated in this case crime number and are languishing in jail since 08.09.2024; the applicants are not named in the First Information Report; First Information Report is false and fabricated; main role of gun shot injury has been assigned to co-accused Adarsh Yadav @ Bittu @ Hanter s/o of Awdhesh Yadav; applicants role is distinguishable from the role of co-accused Adarsh Yadav @ Bittu @ Hanter. They have no criminal antecedents; no specific role has been assigned to the applicants in the First Information Report and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; co-accused, Brijesh Yadav, has been granted bail by this Court vide order dated 18.10.2024 passed in Criminal Misc. Bail Application No. 36486 of 2024. Hence, bail has been prayed for. 4. Learned learned A.G.A. has vehemently opposed, but could not dispute the aforesaid facts as stated by learned counsel for the applicant. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Aman Yadav and Vikas 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. 8. 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 :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad