Neutral Citation No. - 2025:AHC:52427 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10304 of 2025 Applicant :- Rajat Kumar Tripathi Alias Shani Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant,Rajat Kumar Tripathi @ Shani Tripathi, seeking enlargement on bail in Case Crime No. 67 of 2018, under Sections 307, 34 of the Indian Penal Code, Police Station- Ramchandra Mission, District- Shahjahanpur. 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 01.03.2025. Learned counsel for the applicant submits that the applicant was not named in the First Information Report. His name has surfaced during investigation. Learned counsel for the applicant has invited the attention of this Court to the statements recorded by the first informant under Section 161 Cr.P.C. wherein the role of firing has been assigned to the applicant. Learned counsel for the applicant further submits that the statement of the injured has been recorded several times and there is contradictions in his statements. In the statement of the injured under section 164 Cr.P.C. also reveals that role of applicant has been assigned for telling Monty to shoot him. It is further submitted that Monty the main accused has already been granted bail by the court below vide order dated 29.06.2018 by the In-charge Sessions Judge, Shahjahanpur in Case No. 67 of 2018, under Sections 307, 34 of the Indian Penal Code. He thus contends that since the applicant has not been assigned any role of shooting and the main accused, namely, Monty has already been granted bail, the applicant is entitled to be released on bail. Criminal history of the applicant has been explained in paragraph no. 24 of the affidavit filed in support of bail application 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, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Rajat Kumar Tripathi @ Shani Tripathi, 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 :- 10.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad