Neutral Citation No. - 2025:AHC:75672 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6382 of 2025 Applicant :- Bittu Rai Alias Jatashankar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Karan Pandey,Puneet Kumar Verma,Sharda Prasad Mishra,Vipin Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Sharda Prasad Mishra, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bittu Rai Alias Jatashankar Rai, seeking enlargement on bail in Case Crime No. 95 of 2024, under Sections 191 (2), 191 (3), 190, 109(1) 351 (3), 61 (2) B.N.S. and Sections 3/25 & 5/27 Arms Act, Police Station-Suhwal, District-Ghazipur. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.10.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 24.10.2024 against seven named and two unknown persons, with the allegation that all the accused persons including the applicant attacked upon the injured with fire arms with an intention to kill him, due to which the injured sustained serious injuries. The injured was taken to District Hospital from where he was referred to BHU Varanasi. No specific role has been assigned to the applicant. The name of the applicant has been surfaced in the statement of the injured in his statement under Section 180 B.N.S.S. in which he has stated that the applicant has given 3-4 fire arm shot upon the applicant which hit the chest of the injured. Learned counsel for the applicant further submits that Dr. Mithlesh Yadav, who has conducted the examination of the injured, in his statement, has said that it is not clear that the injuries sustained by the injured has been caused by the fire arm or not. Learned counsel for the applicant submits that in the present case charge sheet has been filed on 15.01.2025 and there is no need of custodial interrogation of the applicant. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant is of no criminal antecedents. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Bittu Rai @ Jatashankar Rai, 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. 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 :- 9.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad