HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 47341 of 2024 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Ashutosh Kumar Shukla, Advocate, holding brief of Sri Prabhat Kumar Pandey, learned counsel for applicant, learned A.G.A. for State and perused the material brought on record. 3. The present third bail application has been filed on behalf of applicant in Case Crime No.541 of 2021, under Sections 147, 148, 149, 302, 307, 34 I.P.C., Police Station- Kasganj, District- Kasganj, with the prayer to enlarge the applicant on bail. 4. The first bail application of applicant was rejected by this Court vide order dated 02.05.2023 and the second bail application of applicant was rejected by this Court vide order dated 27.08.2024. 5. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report was lodged against applicant and four co-accused persons, alleging that on 29.09.2021 at 9:00 PM they have attacked the informant and others and made firing on them and resultantly informant's brother Aquil sustained gun shot injury and died. Learned counsel submitted that as per prosecution version, all the five accused persons have made indiscriminate firing upon the deceased and others and that deceased has sustained only one bullet injury and thus, it is not probable to single out that fire shot by applicant has hit the deceased. It is further that while rejecting first bail application of applicant vide order dated 02.05.2023 the trial court was directed to expedite the trial and to conclude the same within a period of Versus Counsel for Applicant(s) : Prabhat Kumar Pandey Counsel for Opposite Party(s) : G.A. Mausim .....Applicant(s) State of U.P. .....Opposite Party(s) 8 months. Similarly, while rejecting second bail application of applicant vide order dated 27.08.2024 the trial court was again directed to expedite the trial and to conclude the same as early as possible but so far only six witnesses have been examined before the trial court. It was stated that the Investigating Officer is not appearing for his statement and even the non-bailable warrants have been issued against him. The co-accused persons have already been granted bail. Except the connected case under Section 25 Arms Act, applicant has no other criminal history. It was pointed out that there are number of witnesses, who are yet to be examined, and thus the trial is likely to take sufficient long time, whereas applicant has already undergone detention of more than 4 years. Referring to these facts, it was submitted that applicant may be granted bail. 6. Per contra, learned A.G.A. has opposed the bail application and submitted that role of causing firearm injuries to the deceased has been attributed to the applicant. The first and second bail application of applicant have already been rejected. It was submitted that applicant is not entitled for bail. 7. I have considered the submissions and perused the record. 8. Considering the submissions of learned counsel for the parties and all attending facts, particularly period of detention and stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present third bail application is hereby allowed. 9. Let the applicant Mausim involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. BAIL No. 47341 of 2024 2 10. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. October 9, 2025 CS/- BAIL No. 47341 of 2024 3 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad