Neutral Citation No. - 2025:AHC:133705 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23821 of 2025 Applicant :- Virlesh Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Rajesh Pandey Hon'ble Ashutosh Srivastava,J. Heard Shri Bharat Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Virlesh with a prayer to enlarge him on bail in Case Crime No. 88 of 2025, under Sections 103 (1) B.N.S. and Section 3/25/27 of Arms act, Police Station-Hayatnagar, District-Sambhal. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present and is languishing in jail since 02.04.2025. Learned counsel for the applicant submits that the First Information Report was lodged against three named persons namely Karru, Pappu and Rangresh with the allegation that all the accused persons have murdered the father of the first informant namely Rajendra Singh by inflicting gun shot on his chest and thereafter all the accused persons fled away from the place of incident. Learned counsel for the applicant submits that the applicant was not named in the First Information Report. Name of the applicant has been surfaced in the statement of the independent witnesses namely Rakesh, Ratanpal, Rishipal and Bhole and all of them have taken the name of the applicant only on the basis of suspicion. It has been further submitted that neither there is any eye witness nor there is any direct evidence against the applicant. Criminal history of one case has been explained in paragraph no. 13 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. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant was not named in the First Information Report and his name has surfaced in the statement of the eye witnesses. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Virlesh, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 :- 7.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad