Neutral Citation No. - 2025:AHC:135128 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45621 of 2024 Applicant :- Shyamakant Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Bholeshwar,Ram Krishna Tripathi Counsel for Opposite Party :- Birendra Kumar Pandey,G.A.,Vijay Kumar Ojha Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Vijay Kumar Ojha, learned counsel for the first informant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Shyamakant Pandey, seeking enlargement on bail in Case Crime No. 0090 of 2024, under Sections 302, 307, 506, 34 IPC, Police Station Bara, District Allahabad (Prayagraj). The bail application of the applicant was rejected by Sessions Judge, Prayagraj, vide order dated 13.09.2024. 3. The allegation made in the FIR is that on 14.06.2024 at about 6:00 a.m., the applicant and other co-accused persons has committed murder of son of the first informant by fire arm when the first informant and his son were ploughing their field with their tractor. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 16.06.2024. He has criminal antecedent of one case, which has been explained in para 3 of the supplementary affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that as per the post mortem examination report the deceased has sustained three firearm injury entry wound and one firearm injury exit wound. Blackening tattooing present left all over upper limb and left side chest anterior side. One yellow colour metallic bullet size 03cm x 0.7cm recovered from base of brain cavity. Cause of death is ante- mortem firearm injuries. It is submitted that the FIR was lodged after 6 hours delay without giving any explanation for delay in lodging the FIR. The applicant has a single barrel licensed gun and not a double barrel licensed gun. The father of the deceased has wrongly given statement under Section 161 Cr.P.C. in this regard. The applicant is aged about 75 years and at the time of the incident he was not present there. The applicant has been falsely implicated in the present case and no case is made out against the applicant under the aforesaid sections. It is further submitted the one accused namely Komal Mishra @ Aditya has been granted bail by coordinate Bench of this Court by order dated 25.10.2024 passed in Crl. Misc. Bail Application No. 36712 of 2024. The post mortem report does not corroborate with the FIR and the FIR is highly belated. Hence, bail has been prayed for. 6. Learned A.G.A. as well as learned counsel for the informant has, however, opposed the prayer for grant of bail by contending that the applicant and other co-accused persons have committed aforesaid crime again and again and if the applicant is released on bail, a wrong massage would go in the society and the trust of the public would be shattered, and, therefore, no case is made out for bail and the application is liable to be rejected. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Shyamakant Pandey 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 10. 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 :- 31.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad