HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33151 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ghan Shyam Das, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.293 of 2025, under Sections 109, 352 B.N.S. and 3/25/27 Arms Act, Police Station Bhogaon, District Mainpuri, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have fired at the victim, who had evaded the said fire and ducked down, whereby the said fire is stated to have hit her ear causing gunshot injury to her on 28.05.2025 at about 2:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about seven hours and there is no explanation of the said delay caused. The allegations are per se false. Even the injury report indicates that it was suspected gunshot injury, although the doctor has opined that the margins were inverted, but the supplementary report also states that nature and cause of injury cannot be explained as the original report was not furnished to the doctor concerned. 6. Learned counsel for the applicant has further argued that there is no Versus Counsel for Applicant(s) : Ghan Shyam Das, Sr. Advocate Counsel for Opposite Party(s) : G.A. Amukh .....Applicant(s) State of U.P. .....Opposite Party(s) previous criminal history of the applicant. The applicant is languishing in jail since 01.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being inconsistency in the medical report coupled with the fact that the love affair having gone sour, and without expressing any opinion on the merits of the case, prima- facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Amukh, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 (Ravi Kant) BAIL No. 33151 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad