Neutral Citation No. - 2025:AHC:113286 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8203 of 2025 Applicant :- Tribhuwan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Pratap Mishra,Gaurav Chauhan,Rudra Pratap Pandey,Vidhu Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Yagyavalk Pandey, 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, Tribhuwan Singh, seeking enlargement on bail in Case Crime No. 1262A of 2009, under Sections 147, 148, 149, 302 IPC, Police Station Bewar, District Mainpuri. The bail application of the applicant in the court below was rejected by the learned Additional Sessions Judge, Court No. 1, Mainpuri, vide order dated 29.01.2025. 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 09.01.2025. 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 the applicant is 67 years old person and is suffering from old age diseases and also undergone surgery. It is submitted that the death of the deceased Radhey Shyam was due to fire shot and as per the version of the first information report, no fire arm weapon was found from the applicant. The applicant is not the author of the injury sustained to the deceased. The applicant has no concern with the present case but the informant has cooked up a false story and the present FIR has been lodged. No offence as alleged in the FIR is made out against the applicant. Learned counsel for the applicant has further submitted that during course of trial the applicant was unaware of the date of his appearance before the court below as no notice was served upon him thus he could not appear before the court below and, therefore, non-bailable warrant dated 04.11.2011 has been issued. The non-bailable warrant was served upon the applicant, thereafter proceedings under Section 82 Cr.P.C. was initiated against the applicant, after which the applicant appeared before the court concerned and was taken into custody, since then he is languishing in jail. It is next submitted that during course of trial the statement of informant and witnesses have been recorded in which they have not supported the prosecution version and have been declared hostile. Hence, bail has been prayed for. 4. Learned AGA vehemently opposed the prayer for bail but could not dispute the facts that during course of trial, the first informant and witnesses have been declared hostile. 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, Tribhuwan 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. 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 :- 14.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad