Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34704 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shivendra Kumar, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and Sri Abhishek Singh, Advocate, holding brief of Sri Sanjay Singh, leaned counsel for the informant and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 327 of 2025, under Sections 191(2), 191(3), 190, 109(1), 115(2), 351(2) B.N.S., Police Station- Swaar, District Rampur.
3. Contention of learned counsel for the applicant that though FIR was lodged by the brother of injured Ashok. The specific role of causing firearm injury has been assigned to the applicant but subsequently injured namely Ashok in his statement did not assign any role to the applicant regarding causing firearm injury, even the another injured namely Moshin Khan assigned the role of causing firearm injury to Suresh not to the applicant and the first informant himself in his statement stated that it is the Suresh who was caused the firearm injury not the present applicant, therefore, applicant has been falsely implicated. It is also submitted that applicant has also lodged an FIR against the first informant for the same incident in which injury was also received by some of the family members of the applicant. He also added that the applicant has no criminal history and he is languishing in jail since 17.08.2025. The charge sheet has already been submitted by the police, therefore, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial Versus Counsel for Applicant(s) : Shivendra Kumar, Sushil Shukla Counsel for Opposite Party(s) : G.A., Sanjay Singh Netram .....Applicant(s) State of U.P. .....Opposite Party(s)
proceedings.
4. Per contra, learned A.G.A. for the State and learned counsel for the informant vehemently opposed the prayer but could not dispute the aforesaid
facts.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and the specific role for causing firearm injury has been assigned to the co-accused Suresh by the injured and no specific role has been assigned to the applicant and keeping in view the nature of offence, evidence, complicity of accused 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.
6. Let the applicant- Netram 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 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 9, 2025 Imtiyaz BAIL No. 34704 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad