HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31111 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Amit Rai, learned counsel for the applicant, Sri Pankaj Bharti, learned counsel for the first informant, Shri Yagyavalk Pandey, 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, Yusuf seeking enlargement on bail in Case Crime No. 341 of 2025, under Section 103 (1) BNS, Police Station- Kairana, District-Shamli. 3. The allegation made in the FIR is that the informant is having a property in Kairana market which was forcibly possessed by applicant and for that he has filed a litigation. In this regard, wife of the the deceased has filed a civil suit in court in which judgment came in her favour and on 09.06.2025 applicant and other nominated accused persons killed the father of the informant by firearm. 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 19.06.2025. 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. 4. Learned counsel for the applicant submits that the incident took place on 09.06.2025 and its FIR was lodged on 10.06.2025 without giving any explanation for delay in lodging the FIR. It is a case of civil dispute between the applicant and the deceased. As per the post mortem report the deceased had sustained four injuries out of which injury Nos. 1 and 2 are gunshot entry and exist wounds, injury No. 3 is a lacerated wound size 1cm x 1cm organ deep on Rt. side back of chest 12cm above inferior angle of right scapula, blood oozing present edges inverted, no blackening or tattooing present, it is gunshot entry wound and injury No. 4 is a lacerated wound size Versus Counsel for Applicant(s) : Amit Rai, Gaurav Singh Counsel for Opposite Party(s) : G.A., Pankaj Bharti Yusuf .....Applicant(s) State of U.P. .....Opposite Party(s) 2cm x 1.5cm piercing 4 the middle part of right ear pinna. Edges irregular, clotted blood present and the cause of death is hemorrhagic shock as a result of ante-mortem firearm injuries. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant is old person aged about 75 years and he has not committed the alleged offence. Learned counsel for the applicant further submits that in the statement of first informant recorded under Section 180 BNSS, he has assigned general role of firing to all the accused persons whereas the eyewitness namely Inam has assigned the role of firing upon Devender, father of the first informant, to co-accused Tanveer and one unknown person and this fact itself falsifies the entire prosecution version. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Yusuf 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. 8. 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 23, 2025 v.k.updh. BAIL No. 31111 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad