HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24380 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Raj Nath Bhakta, learned counsel for the applicant, Sri Suresh Kumar Gupta, learned counsel for the first informant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Rambabu Paswan @ Babbu, seeking enlargement on bail in Case Crime No. 39 of 2025, under Sections 103 (2), 351 (3) & 352 BNS, Police Station Khakhreru, District Fatehpur. 3. The allegation made in the FIR is that on 17.02.2025 at about 4:30 p.m., the son of the informant namely Mithun Kumar @ Matesh Sonkar, aged about 28 years was returning from old home to new home. When he reached near the house of Munna Paswan, the applicant along with four other named accused persons and one unknown person came there and started assaulting and abusing and caught him and, thereafter, accused Ramu Paswan opened fire on his Kanpati, due to which, he died on the spot. 4. 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 27.03.2025. He 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. Versus Counsel for Applicant(s) : Narendra Kumar Yadav, Raj Nath Bhakta Counsel for Opposite Party(s) : G.A., Suresh Kumar Gupta Rambabu Paswan Alias Babbu .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the applicant submits that the applicant has not committed the alleged offence. The applicant and his family members are living separately from his brother. The applicant has no motive to commit the alleged offence. The role of causing death has been assigned to Ramu Paswan and not to applicant. All the witnesses are interested witness. As per the post mortem report, the deceased has sustained two contusion, one firearm entry point and one firearm exit point and cause of death is shock and hemorrhage as a result of ante mortem firearm injuries. After completing investigation, the Investigating Officer has submitted charge sheet on 31.03.2025 in the court concerned and on the same, the court concerned has taken cognizance on 17.05.2025. It is submitted that the applicant was not present on the date and time of the alleged incident and he has been falsely implicated in this case only for the purpose of harassment. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the first informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Rambabu Paswan @ Babbu 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. BAIL No. 24380 of 2025 2 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 19, 2025 v.k.updh. BAIL No. 24380 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad