Neutral Citation No. - 2025:AHC:121574 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16213 of 2025 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Chandra Dwivedi,Sanjeev Kumar Singh Counsel for Opposite Party :- Birendra Singh Khokher,G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Akhilesh Chandra Dwivedi and Sri Sanjeev Kumar Singh, learned counsel for the applicant, Sri Birendra Singh Khokher, learned counsel for the first informant, Sri Vijendra Kumar, 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, Saurabh, seeking enlargement on bail in Case Crime No. 497 of 2024, under Sections 333, 115(2), 103(1), 109(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Anupshahar, District- Bulandshahar. The allegation in the FIR is that due to previous enmity regarding land, an altercation took place between the parties and the co- accused, Gaurav caused fire arm injury upon one Bhura(deceased) and the informant (injured) who was watching the quarrel. 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 20.12.2024. Learned counsel for the applicant submits the applicant is not named in the FIR and no specific role has been assigned to the applicant as there were three accused persons equipped with fire arm. He next submits that the informant(injured) in his statement recorded under Section 180 B.N.S.S., has assigned the main role of firing to co-accused, Gaurav and Mahesh and general role of having tamancha to the applicant. The 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. Learned AGA as well as learned counsel for the first informant have 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, Saurabh, 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 :- 24.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad