Neutral Citation No. - 2025:AHC:117132 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20466 of 2025 Applicant :- Bittu Kinnar Opposite Party :- State of U.P. Counsel for Applicant :- Ahamad Farhan,Ali Safdar,Haya Rizvi Counsel for Opposite Party :- Ajay Srivastava,G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Haya Rizvi, learned counsel for the applicant, Shri Ajay Srivastava, learned counsel for the first informant and Sri Arimardan Yadav, 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, Bittu Kinnar, seeking enlargement on bail in Case Crime No. 245 of 2024, under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Nandganj, District- Ghazipur. There is allegation in the FIR that on 29.12.2024, son of the informant went to buy some clothes from a ready made shop near Chochakpur Mod where he was shot dead by some named accused persons. 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 28.04.2025. Learned counsel for the applicant submits that though the applicant is named in the FIR, but specific role of causing gun shot injury is assigned to co-accused, Satyam and no specific role has been assigned to the applicant. The investigating officer has recorded statement of three eye-witnesses, but none has disclosed the name of 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 applicant 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, Bittu Kinnar, 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 :- 18.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad