Neutral Citation No. - 2025:AHC:146824 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25375 of 2025 Applicant :- Pappu Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kumar Nishad,Subhash Chandra Pandey Counsel for Opposite Party :- Brijesh Kumar Mishra,G.A.,Ramji Shukla Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard learned counsel for the applicant, Shri Brijesh Kumar Mishra, learned counsel for the first informant, Sri Arimardan Yadav, learned A.G.A. for the State and perused the record of the case. 3. The present bail application under Section 483 BNSS has been filed on behalf of applicant, Pappu Bharti, with a prayer to release him on bail in Case Crime No. 110 of 2025, under Sections 103 (1), 61 (2) BNS, Police Station- Khukhundu, District- Deoria. The bail application of the applicant has been rejected by Sessions Judge, Deoria, on 18.06.2025. 4. The allegation made in the FIR is that on 22.05.2025 the brother of the first informant namely Tej Bahadur @ Rajan has gone in the marriage ceremony of Manish Giri, in the night at about 11:00 p.m. at the time of dinner, the deceased Tej Bahadur @ Rajan and the father of the Groom were taking dinner together suddenly from the back side one unknown person covering his face by black Gamchha came there and fired upon the deceased and after firing he ran away from there. 5. 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 06.06.2025. 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. 6. Learned counsel for the applicant submits that the deceased was murdered by some unknown person and the applicant was also present in the marriage ceremony and he has not committed the present offence but the informant has dragged the applicant in the present offence only on the basis of suspicion and there is no cogent evidence against the applicant to connect the present case. As per the post mortem report, the deceased has sustained two firearm entry wounds and one exit wound. The cause of death is shock and hemorrhage as a result of ante mortem firearm injury. There was a property dispute between family of the deceased and the applicant. The incident took place in the night and several persons were present at the time of occurrence but there is no independent witness to support the prosecution version. No specific role has been assigned against to the applicant and the allegation against the applicant is only conspiracy. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no any CDR available in the case diary regarding location of the deceased and the applicant. There is no direct or indirect evidence against the applicant to connect him in the present offence. The entire prosecution story is false, fabricated and doubtful. Hence, bail has been prayed for. 7. Learned AGA has vehemently opposed the prayer for bail. 8. 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. 9. Accordingly, the bail application is allowed. 10. Let the accused-applicant, Pappu Bharti, 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. 11. 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 :- 14.8.2025 v.k.updh. BAIL No. 25375 of 2025 2 Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad