Neutral Citation No. - 2025:AHC:105888 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20735 of 2025 Applicant :- Aman Giri Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant, today in the Court, is taken on record. Heard Sri Rizwan Ahamad, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A. for the State. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 233 of 2024, under Sections 103(1), 190, 191(2), 191(3) of B.N.S., 2023, and Section 2(b)(i)/3 of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Surauli, District Deoria, during pendency of the trial. Learned counsel for the applicant submits that the First Information report in the present matter lodged on 07.11.2024 at 14.10 hours against three unknown person with allegation that on 07.11.2024 at about 11.04 hours, son of the informant was going from village Baraon to Devariya, when he reached near the petrol pump, two-three unnamed accused persons came there and shoot him from back, his son fell on the ground, thereafter he was taken to the hospital, where doctors declared him dead. Applicant is not named in the F.I.R. His name came into light during statement of co-accused namely Ashish Pandey. There is no eye-witness of the alleged incident. Learned counsel for the applicant further submits that co-accused Brijesh Goswami, Deepak Mishra @ DJ have already been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 20636 of 2025 & 18437 if 2025 vide orders dated 23.06.2025 & 28.05.2025. Role of the applicant is same as the other co-accused persons, who are on bail, hence applicant is also entitled to be released on bail. Criminal history of nine case has been explained in para o. 27 of the bail application, in most of the cases applicant is on bail 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 AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all those 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, Aman Giri, 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 :- 7.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad