HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34785 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri K.K. Rao, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-opposite party 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 seeking enlargement on bail in Case Crime No. 321 of 2025, under Sections 115(2), 352, 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 3/25 of Arms Act, Police Station Ali Nagar, District Chandauli. 3. 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 30.07.2025. 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 no offence as alleged in the FIR has been made out against the applicant. The allegation against the applicant is that applicant shot the informant by a country made pistol with intention to kill him but he bowed down and the bullet passed through his shoulder. The F.I.R. dated 27.07.2025 was lodged after six hours of the alleged incident against four named accused persons including the applicant herein. Delay in lodging the F.I.R. is fatal to the prosecution case besides creates doubt regarding the alleged incident. As per medical report of the injured, two injuries were found on the person of informant. Injury no. 1 is an entry wound of 1x0.08 cm in oval shape on right shoulder and injury no. 2 is an exit wound of 1.05x1 cm in oval shape and in both the injuries blackening is marked around the wound. It has been argued that such injuries cannot be caused in the manner as alleged in the F.I.R. The F.I.R. version is not supported by the evidence available on record in asmuch as no other inquiry of mar-peet has been found on the body of the injured in contrast to the F.I.R. version. Charge-sheet has been submitted against the applicant on 21.09.2025. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, Versus Counsel for Applicant(s) : Deepanker Pandey, K.K.Rao Counsel for Opposite Party(s) : G.A. Hariom Verma Alias Golu .....Applicant(s) State of U.P. .....Opposite Party(s) but could not dispute the submissions advanced as also the fact that applicant has no criminal antecedents. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Hariom Verma @ Golu, 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 9, 2025 Vibha Singh BAIL No. 34785 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad