Neutral Citation No. - 2025:AHC:31961 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5926 of 2025 Applicant :- Subham Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Sri Chandra Bhushan Yadav, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- Respondent and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Subham Yadav, seeking enlargement on bail in Case Crime No. 578 of 2024, under Sections 109, 191 (2), 191 (3), 61 (2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 9/25/27 Arms Act, Police Station Ramgarhtal, District Gorakhpur. 4. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that according to the FIR, the alleged incident took place on 03.10.2024 at about 12:30 p.m. It is alleged that when the informant was sitting in his car, the applicant and other co-accused persons came there and started firing at him, the informant save his life by taking cover behind his car. After completion of investigation, the investigating officer has submitted charge sheet against the applicant and other co-accused persons. He submits that the incident occurred at 12:30 p.m., but nobody present at the spot. The injured has not sustained any injury in this incident. He submits that the informant is a political person having affiliation with the ruling party, the applicant was not present there and it shows that the whole prosecution story is highly doubtful. The applicant is languishing in jail since 04.10.2024. The applicant has criminal antecedent of two cases, which has been explained in para 18 of the affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. 5. Learned AGA has opposed, but could not dispute the aforesaid fact. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Subham 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. 9. 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 :- 4.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad