HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42888 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Mohd. Yasir, Advocae, holding brief of Sri Shams Uz Zaman, learned counsel for the applicant, Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 210 of 2024 under Sections 103(1), 109, 61(2) BNS, registered at Police Station Chandinagar, District Baghpat during pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant is not named in the FIR and his name has surfaced during investigation in the statements of eye witnesses in which no active role of assault has been assigned to the applicant and he has only been shown to be present at the place of occurrence along with other accused persons. It is next submitted that the deceased is said to have received as many as eleven ante mortem injuries on his person including some entry and exit wounds of gunshot. It is further submitted that some of the similarly placed co-accused persons Sanjay @ Pintu, Subhash Dhaka and Monu Tyagi have already been granted bail by different Co-ordinate Benches of this Court. It is also submitted that applicant, who has no criminal history, has been languishing in jail since 15.11.2024. It is lastly submitted that in case applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Quasim Khan, Shams Uz Zaman Counsel for Opposite Party(s) : Birendra Singh Khokher, G.A. Nitin @ Sonu Chillar .....Applicant(s) State of U.P. .....Opposite Party(s) 4. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant and submits that during investigation, it has surfaced that applicant was involved in conspiracy of the alleged offence and the eye witnesses have stated that he was present at the place of occurrence along with other accused persons. 5. Applicant is not named in the FIR as per which, co-accused Gyanendra and some other accused persons are said to have opened indiscriminate firing on the deceased Praveen @ Babbu and they also assaulted him by one harpali (axe like weapon) as a result of which, he received as many as eleven injuries on his person including entry and exits wounds of gunshot and the cause of his death has been shown as ante mortem injuries. During investigation, the eye witnesses have stated that applicant was present at the place of occurrence along with other accused persons and no active role of assault has been assigned to him. Similarly placed co-accused persons Sanjay @ Pintu, Subhash Dhaka and Monu Tyagi have already been granted bail by different Co-ordinate Benches of this Court and the applicant, who has no criminal history, has been languishing in jail since 15.11.2024. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Nitin @ Sonu Chillar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer BAIL No. 42888 of 2025 2 or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 29, 2026 Madhurima BAIL No. 42888 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad