Neutral Citation No. - 2025:AHC:24332 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 374 of 2025 Applicant :- Sunil Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- Anil Kumar Tripathi,Ashish Kumar Maurya,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Ronak Chaturvedi, learned counsel for the applicant, Shri Raghvendra Pratap Singh, Advocate holding brief of Shri Ashish Kumar Maurya, learned counsel for informant, Shri Arimardan Yadav, learned AGA for the State-opposite party 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, Sunil Kushwaha, seeking enlargement on bail in Case Crime No. 228 of 2024, under Sections 109, 351 (2), 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sipari Bazar, District Jhansi. 3. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant; the F.I.R. dated 22.07.2024 has been lodged by the informant against unknown person alleging that there is some money dispute between his brother and one Sanjay Sahu and his brother was threaten by Sanjay Sahu to withdraw the case; on 21.07.2024, Shyam Ji Yadav was shot by two unknown person, who came on motorcycle. 4. 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 28.07.2024. He further submitted that no specific role has been assigned to the applicant; main suspects of this case is Sanjay Sahu; applicant is not named in the F.I.R.; learned counsel for the applicant submits that no recovery was effected from the applicant; there is no direct evidence or eye witness of the alleged incident. It is further submits that similarly circumstanced co-accused Arvind Kushawaha has already been enlarged on bail by this Court on 6.11.2024 in Criminal Misc. Bail Application No. 38849 of 2024. Applicant 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. 5. Learned counsel for informant as well as learned AGA have vehemently opposed the bail by submitting that injuries received to the injure are serious in nature, hence he is not entitled for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sunil Kushwaha, 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. 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 :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad