Neutral Citation No. - 2025:AHC:88618 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7783 of 2025 Applicant :- Sundar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Choudhary Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Sunil Choudhary, learned counsel for the applicant, Sri Rakesh Kumar Srivastava, learned counsel for the first informant, Sri Yagyavalk Pnadey, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Sundar Singh seeking enlargement on bail in Case Crime No. 257 of 2024, under Sections 109 BNS and Section 3/25/27 Arms Act, Police Station Greater Noida (Commissionarate Gautam Budh Nagar), District Bautam Budh Nagar. 3. The allegation made in the FIR is that on 27.11.2024 when the informant was going with her son by private bus, the applicant has shot her son namely Himmat Singh in his head. 4. 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 28.11.2024. 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. Learned counsel for the applicant submits that Himmat Singh is a criminal person and may cases has been registered against him other than Meerut & Gautam Budh Nagar. Himmat Singh attacked two time on the applicant's house situated at District Greater Noida and due to property dispute between applicant's uncle and informant, the applicant has been falsely implicated in the alleged crime and on the basis of only the statement of the informant, injured person applicant's name was mentioned in the charge sheet dated 16.01.2025 without taking any concrete evidence, CCTV footage and CDR report of applicant's mobile. It is submitted that at the time of alleged incident applicant was present in his house at District Meerut, which can be confirmed by DVR of CCTV Camera. The applicant has not committed the alleged offence and all the charges against the applicant are false and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sundar Singh, 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. 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 :- 23.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad