HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31291 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Anand, seeking enlargement on bail during trial in connection with Case Crime No. 200 of 2025, under Sections 191(2), 191(3), 190, 61(2), 103(1) B.N.S., Police Station Jani, District Meerut. 4. The first information report of the present matter was lodged on 28.04.2025 by Sachin naming the applicant and 03 other persons namely Raju, Gulshan and Ashish and 02 unknown persons alleging therein that 28.04.25 he was present in his house. His brother Kishori Lal had gone to fetch milk in the morning. At about 06:15 am he received an information that due to enmity the named accused persons and unknown persons shot him and murdered him. His report be lodged and action be taken. 5. Learned counsel for the applicant submits that the first informant is not an eye-witness of the incident. The first information report has been lodged on the basis of an information received by him. It is submitted that subsequently a CCTV footage was recovered by the Investigating Officer and on perusal of the same it was seen that Versus Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Anand .....Applicant(s) State of U.P. .....Opposite Party(s) Kishori Lal the deceased was shot by Gulshan son of Ankur. It is submitted that Gaurav and Varun Pratap were the two persons who have also stated about seeing a boy and identifying Gulshan as the person who shot the deceased Kishori Lal. It is submitted that as such the implication of the applicant in the present case is without any credible evidence. While placing paragraph 26 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 08.07.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that although the applicant is named in the first information report along with three other named persons and 02 unknown persons and they have been assigned role of shooting upon the deceased Kishori Lal but the first informant is not an eye-witness of the incident. A CCTV footage was recovered in which it was seen that Gulshan son of Ankur has shot Kishori Lal. There is no role or overt act assigned to the applicant is seen therein. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Anand, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. BAIL No. 31291 of 2025 2 (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. September 26, 2025 AS Rathore BAIL No. 31291 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad