Neutral Citation No. - 2025:AHC:133782 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24501 of 2025 Applicant :- Nitin Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Sanjay Kumar Shukla, learned counsel for the applicant, Shri Virendra Kumar, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Nitin Yadav, seeking enlargement on bail in Case Crime No. 364 of 2024, under Sections 191(2), 191(3), 103(1)/225, 115(2)/225, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of Arms Act, Police Station- Shahi, District- Bareilly. 3. The allegation in the FIR is that on 26.10.2024 at about 02:00 am after completion of Ramleela fair, husband (deceased) of the informant was sitting on the stage along with his friends then the applicant along with other accused persons came there and due to previous enmity, started hurling abuses, beating and air firing due to which husband of the informant sustained grievous injuries and died and other persons who came to save the deceased sustained injuries. 4. 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 27.10.2024. Learned counsel for the applicant submits that no specific allegation of causing injury has been assigned to the applicant and ominous allegation of air firing has been assigned to him. He further submits that as per the post-mortem report, cause of death is shock and coma due to ante-mortem head injury and no injury of fire arm has been found on the body of the deceased. 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. 5. Learned AGA has vehemently opposed the prayer for 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, Nitin Yadav, 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. 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 :- 7.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad