Neutral Citation No. - 2025:AHC:132126 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7588 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Ramesh Kumar Mishra,Sadrul Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Akash seeking enlargement on bail in Case Crime No. 165 of 2014, under Section 302 IPC, Police Station- North, District- Firozabad. 3. 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 28.12.2024. He has criminal antecedent of 7 cases, which has been explained in para 35 of the 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. Learned counsel for the applicant submits that it is a case of hit and run, in which the deceased sustained a single firearm injury moreover, the deceased died after more than 15 days of the alleged incident due to septicemic shock, therefore, the present case will not travel beyond the ambit of section 304 IPC. During investigation, the investigating officer has not obtained the ballistic report to ascertain that the recovered firearm from the possession of the applicant has been used in the commission of alleged crime. The alleged recovery of firearm and cartridges is not supported by any independent public witness and the medical evidence is also not supported the prosecution story. Prima-facie no offence under Section 302 IPC is made out against the applicant and the prosecution story as alleged in the present case appears to be false and concocted. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Akash 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. 8. 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 :- 4.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad