Neutral Citation No. - 2025:AHC:116024 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8650 of 2025 Applicant :- Chitai Alias Chirkanu Alias Ramashish Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Yadav,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Subhash Chandra Pandey, learned counsel for the applicant, Shri Manoj Kumar Singh, 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, Chitai Alias Chirkanu Alias Ramashish, seeking enlargement on bail in Case Crime No. 876 of 2024, under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Piparaich, District- Gorakhpur. The allegation in the First Information Report is that on 28.10.2024, the informant along with her son, Devesh and a neighboring child, Shani, was going to market for shopping and when she reached near Mudila cross-roads, a high speed motercycle bearing no. UP53FA7103 came from wrong side of the road and hit hard the informant's son Devesh and Shani due to which, son of the informant died on spot and Shani sustained fracture in his leg. 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 30.11.2024. Learned counsel for the applicant submits that the F.I.R. has been lodged after delay of five days without any plausible explanation. He next submits that final report has been submitted in the matter and as per final report, the applicant was riding the motorcycle. 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. 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, Chitai Alias Chirkanu Alias Ramashish, 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 :- 17.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad