Neutral Citation No. - 2025:AHC-LKO:27460 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1721 of 2025 Applicant :- Lale @ Chhotu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anil Singh,Aayush Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Supplementary affidavit filed today is taken on record. As per contents of F.I.R., the applicant alongwith co-accused are said to have fired upon the informant and his son on 05.09.2015 resulting in gun shot wounds. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. This is the first bail application on behalf of the applicant Lale @ Chhotu seeking bail in respect of his involvement in Case Crime No.603/2015, under Section 307 IPC, Police Station Kotwali, District Sitapur. The submission of the learned counsel for the applicant is that the applicant has been falsely implicated inasmuch as in the alleged incident said to have occurred on 05.09.2015 where it has been stated that the complainant Shri Kallu was returning to his home after purchasing the medicines and at the relevant time three persons had opened fire wherein Shri Kallu as well as his son received injuries. It has been submitted that the medical examination was only held of Shri Kallu on 30.09.2015. However, no injury was received by the son of Kallu. Moreover, there is no independent witness and for ulterior purposes the applicant has been implicated in the aforesaid case. It has also been submitted that the applicant is languishing in jail since 18.11.2017 and more than four years have lapsed. In the aforesaid circumstances, there is no chance of the applicant to influence the trial or tamper with the evidence. Learned A.G.A. has opposed the prayer for bail, however, he could not dispute the fact that the applicant is languishing in jail for more than seven years. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that general allegations have been levelled of firing upon the informant and his son. It also transpires that applicant is under custody since 18th November, 2017 and as per trial court report submitted by trial court dated 19th April, 2025, only five out of eight witnesses indicated in the charge sheet have been examined. Co-accused Tasauvar has also been enlarged on bail by this Court in Criminal Misc. Bail Application No.4064 of 2019 primarily on the ground of prolonged incarceration. In view of above, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Let the applicant Lale @ Chhotu involved in Case Crime No.603/2015, under Section 307 IPC, Police Station Kotwali, District Sitapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (ii) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charges; and (c) recorded of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 9.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench