Neutral Citation No. - 2025:AHC-LKO:27785 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4060 of 2025 Applicant :- Kailash Nath Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh,Ravi Kant Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arun Sinha, the learned counsel for the applicant as well as Sri Alok Kumar Tiwari, the learned A.G.A. 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. 445 of 2024, under Sections 103 3(5) B.N.S. (302, 34 I.P.C.), registered at Police Station Goshaiganj, District Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 18.11.2024 at 01:05 p.m. against the applicant, his nephew Ankit Mishra, his brother Badri Prasad Mishra and his son, Aditya Mishra @ Manu Mishra besides 3-4 unknown persons, stating that while the informant's father was returning from the market at about 06:00 PM at 17.11.2024, the accused persons killed the informant's father by firing shots with illegal weapons because of an old dispute regarding property which is pending in the court. The F.I.R states that the incident was seen by the informant's uncle Bharat Pandey and brother Amit Prakash Pandey. 4. In the statement of Bharat Pandey (informant's uncle), he stated that while he was having tea at a shop along with Amit Prakash Pandey, co-accused Ankit Mishra and his accomplices fired at the victim. This witness stated that other named accused persons Kailash Nath Mishra (the applicant), Badri Prasad Mishra and Aditya Mishra were exhorting the other accused persons for killing the victim. The other persons named in the F.I.R as a witness namely, Amit Prakash Pandey gave a similar statement. 5. It has been stated in the affidavit filed in support of the application, that the aforesaid witness Amit Prakash Pandey had given an interview to Amar Ujala newspaper, the video recording whereof has been brought on record in a pen drive annexed as Annexure No. 17 to the affidavit, transcript whereof has been annexed as Annexure No. 18 to the affidavit wherein in response to a question put by the reporter as to who had caused the incident, this witness stated that no one had seen anyone killing the deceased but there was a property dispute with Ankit Mishra, Kailash Nath Mishra , Badri Prasad Mishra (applicant) and Kali Prasad Mishra. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an ex-army man and he has been falsely implicated in the present case because of a property dispute between the parties. The applicant's involvement in two other cases has been disclosed in paras 34, and 35 of the affidavit filed in support of the bail application and in both of cases he has been granted bail. It has also been submitted on behalf of the applicant that the co-accused Badri Prasad Mishra has already been granted bail by this court by means of an order dated 06.05.2025, passed in Criminal Misc. Bail Application No.3879 of 2025. 7. The learned A.G.A. has vehemently opposed the bail application and he has submitted that two eyewitness have stated about the information of the applicant in commission of the offence; the allegations have been established during investigation and the charge sheet has already been submitted on 06.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that both the witnesses have stated in their statements that the applicant was involved in exhorting the co-accused Ankit Mishra for killing the deceased and one of the witnesses, namely, Amit Prakash Pandey has stated in an interview given to a news correspondent that he had not witnessed the incident and he has merely stated about the animosity between the parties due to property dispute, coupled with the fact that the applicant is a 60 years old person having no criminal history and he is languishing in jail since 20.11.2024, whereas the investigation already stands concluded and co-accused Badri Prasad Mishra has already been granted bail by this court, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Kailash Nath Mishra be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench