Neutral Citation No. - 2025:AHC:144827 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25393 of 2025 Applicant :- Veerpal Opposite Party :- State of U.P. Counsel for Applicant :- Pratima Pandey,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Umendra Kumar Yadav Hon'ble Ashutosh Srivastava,J. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State, Shri Umendra Kumar Yadav, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Veerpal, seeking enlargement on bail in Case Crime No. 130 of 2025, under Sections 103 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30 Arms Act, Police Station Tilahar, District Shahjahanpur . 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 14.3.2025. Learned counsel for the applicant submits that in the FIR, first informant has lodged report with the allegation that applicant and his two sons have inflicted fire arm injury upon his minor son Ranjeet (since deceased) from the terrace of the school. In the statement under Section 180 BNS, he said that after hearing the noise of bullet, he and one other person, namely, Shiv Kumar reached on the spot. Learned counsel for the applicant submits that in the question and answer put by investigating officer, first informant said that it was night time, so he could not identify whether Veerpal or his son had fired upon the deceased. Learned counsel for the applicant submits that so called eye witness Raj in his statement had assigned role of flashing torch upon the applicant and also assigned role of firing to co-accused Virat. Learned counsel for the applicant submits that role of applicant is distinguishable from co-accused Virat. There is no recovery of blank cartridge from the spot. There is no motive behind the occurrence. Learned counsel for the applicant submits that in the medical report blackening was present on the body of the deceased, which cannot be possible, if someone fired from the terrace to the person standing on the ground. 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. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail by submitting blackening on the body of deceased was reported by the Community Health Centre. However, in the post mortem report, there is no mentioned about the same. In the evidence of witnesses, it has surfaced on record on the instigation of applicant, his son Virat had opened fire upon him. 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, Veerpal, 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 :- 22.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) BAIL No. 25393 of 2025 2 Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad