HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35213 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri Tripurari Pal, learned counsel for the first informant and Sri D.P. S. Chauhan, learned A.G.A. for the State 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. 158 of 2025, under Sections 109(1), 191(2), 352, 351(3) B.N.S., Police Station- Khudaganj, District Shahjahanpur. 3. Contention of learned counsel for the applicant is that from bare perusal of the statement of injured, it is clear that only role assigned to the applicant for firing but injured has not received any fire arm injury. He further submitted that as per medical report of the injured, injuries were caused to the injured by hitting the tractor regarding which allegation has been made against other co-accused persons. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He also added that applicant has no criminal history and he is languishing in jail since 22.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant and learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that the applicant along with other co-accused person has common intention to kill the applicant, therefore, he is not entitled to be released on bail. 5. Thus, considering the entire facts and circumstances of the case, Versus Counsel for Applicant(s) : Suresh Dhar Dwivedi Counsel for Opposite Party(s) : G.A., Tripurari Pal Ram Niwas .....Applicant(s) State of U.P. .....Opposite Party(s) submissions of learned counsel for the parties and taking into account the fact that only role assigned to the applicant for firing and there is no injury of fire arm; all the injuries are caused by hitting the Tractor for which allegation has been made against other co-accused persons; charge sheet has been filed 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- Ram Niwas 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 13, 2025 A.Kr. BAIL No. 35213 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad