Neutral Citation No. - 2025:AHC:84545 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15349 of 2025 Applicant :- Sahil Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No.103 of 2025, under Sections 351 (4), 308 (5), 352, 351 (2), 109, 324 (4), 61 (2) B.N.S., Police Station Shahpur, District Gorakhpur. 2. Learned counsel appearing on behalf of applicant submitted that first information report was lodged against unknown persons. It is further submitted that applicant was connected with the commission of instant crime on the confessional statement of co- accused Ankit Paswan @ Mantu who was arrested by the police on the information received by the informer on 05.02.2025. It is also submitted that co-accused Ankit Paswan @ Mantu during his confessional statement has not assigned any role of firing on the car to the applicant and only stated that applicant was one of the conspirators in the said commission of crime.Learned counsel further submitted that in the footage of C.C.T.V. Camera, no picture of the applicant was shown. It is further submitted that similarly placed co-accused Nitin Kumar Mishra, has already been granted bail by this Court vide order dated 18.04.2025. It is further submitted that other co-accused Shubham Srivastava has also granted bail by the co-ordinate Bench of this Court vide order dated 08.05.2025. Learned counsel further submitted that applicant has no previous criminal history and he is languishing in jail since 05.03.2025. Learned counsel also undertaken that applicant shall abide by all terms and conditions as imposed by this Court while granting the bail. Applicant is the permanent resident of the address mentioned in the application. 3. Per contra, learned counsel appearing on behalf of State has opposed the instant bail application but not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard Sri Sapan Kumar Singh, learned counsel for the applicant as well as Sri R. K. Mishra, learned A.G.A. for the State and perused the material on record. 5. In the aforesaid statement no role of firing has been assigned to the present applicant. Learned A.G.A. has also not pointed out or shown any apprehension that applicant is not co-operating with the investigation or there is any previous criminal history against the applicant to establish that he is a habitual offender. Learned counsel also undertaken that applicant shall abide by all terms and conditions as imposed by this Court while granting the bail. 6. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed. 7. Let the applicant- Sahil Ali, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/-and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad