Neutral Citation No. - 2025:AHC:147100 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20095 of 2025 Applicant :- Kapil Man Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla,J.B. Singh Counsel for Opposite Party :- Aman Srivastav,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri J.B. Singh Jadaun, learned counsel for the applicant, Shri Aman Srivastava, learned counsel for the first informant, Sri Yagyavalk Pandey, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under Section 483 BNSS has been filed on behalf of applicant, Kapil Man @ Kallu, with a prayer to release him on bail in Case Crime No. 31 of 2024, under Sections 302, 427, 34, 120B IPC, Police Station- Sector 39 NOID, District Gautam Buddh Nagar. The bail application of the applicant has been rejected by Sessions Judge, Gautam Buddh Nagar, on 29.06.2024. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 19.09.2024. He has criminal antecedent of 20 cases, which have been explained in para 3 of the supplementary affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the applicant was not named in the FIR. His name has surfaced in the confessional statement of co-accused Vikas. Nothing has been recovered from the possession of the applicant or on his pointing out. The applicant has been implicated in the present case on the basis of previous enmity. The investigating officer after completing investigation has submitted charge sheet on 17.04.2024 against the applicant and co-accused persons and the learned Magistrate has taken cognizance on 18.04.2024 and summoned the applicant. As per the post mortem report, the deceased has sustained 6 firearm entry wounds, two exit wounds and multiple organs and ribs raptured. The cause of death is shock and hemorrhage as a result of ante mortem firearm injury. The only allegation has been made against the applicant is conspiracy while he has no concern with the said incident. It is submitted that the main accused Sonu @ Vikas has been granted bail by coordinate Bench of this Court by order dated 03.10.2024 passed in Crl. Misc. Bail Application No. 35590 of 2024. The applicant has not committed the offence as alleged in the FIR and the entire prosecution story is false, fabricated and doubtful. Hence, bail has been prayed for. 5. Per contra learned counsel for the first informant as well as learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the fact that main accused Sonu @ Vikas has been granted bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Kapil Man @ Kallu 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. 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 :- 12.8.2025 v.k.updh. BAIL No. 20095 of 2025 2 Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad