Neutral Citation No. - 2025:AHC:145925 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4585 of 2025 Applicant :- Shivam Mishra Alias Bangaru Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Dubey,Gyanendra Singh,Mayank Chandra,Surya Pratap Singh Counsel for Opposite Party :- Ajay Kumar Mishra,G.A.,Satyam Pandey Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned counsel for the first informant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Shivam Mishra @ Bangaru, seeking enlargement on bail in Case Crime No. 190 of 2022, under Sections 302, 364, 201, 34, 120B IPC, Police Station Juhi, District Kanpur Nagar. 3. 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 07.10.2022. He has criminal antecedent of two other cases, which has been explained in par 24 of the rejoinder affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. The allegation made in the FIR is that the applicant and two unknown persons killed the brother of the first informant in the night of 06.10.2022. 5. Learned counsel for the applicant submits that as per the post mortem report, 8 ante mortem injuries have been found on the body of the deceased and cause of death is Coma due to ante mortem head injuries. It is further submitted that there is no eye witness of the alleged incident and only evidence against the applicant is of last seen. The investigating officer after completing investigation has submitted charge sheet against the applicant. It is next submitted that the deceased was depressed due to some ongoing family tussle regarding ancestral property, due to which he took such a harsh step for ending his own life and jumped on the track. General allegations have been levelled against the applicant and other co-accused persons. No specific role has been assigned against the applicant and other co-accused persons and in the absence of any specific role, the prosecution does not have any leg to stand upon. It is next submitted that the entire prosecution case is nothing but a cock and bull story, which has been orchestrated by the first informant just to harass and humiliate the applicant and other co-accused persons and the prosecution story is not highly improbable but absurd also. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Shivam Mishra @ Bangaru 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 :- 21.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad