Neutral Citation No. - 2025:AHC-LKO:39099 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2322 of 2024 Applicant :- Dharmpal Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Neeraj Singh,Arvind Kumar Srivastava,Shailendra Kumar Misra,Sheo Prakash Singh,Vishnu Prakash Srivastava Counsel for Opposite Party :- G.A.,O.P. Tiwari Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri O.P. Tiwari, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 18.12.2023 at about 07.00 pm, while the informant was dealing with his clients in his shop, the applicant came and said that he (informant) is earning so much and further asked him to give Rs. 20,000/- per month which was refused by the informant. Then the applicant snatched Rs. 2,000/- forcefully and he also fired upon the informant with his countrymade pistol. The informant somehow managed to save his life. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. It is a case of no injury. He has not demanded any extortion money. The alleged recovery of a countrymade pistol has been effected from the possession of the applicant, but no independent witness has been brought forth by the prosecution in respect thereof. It is further submitted that the applicant has explained criminal history of 17 cases in the bail application as well as in the supplementary affidavit and he is languishing in jail since 20.12.2023. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Shri O.P. Tiwari, learned counsel for the complainant has vehemently opposed the prayer for bail of the applicant. He has relied on the CCTV footage and photographs and submitted that it is enough to show the complicity of the applicant. Learned A.G.A. also opposed the prayer for bail of the applicant. It is not disputed between the parties that out of seven, only two prosecution witnesses have been examined so far. On due consideration to the submissions advanced, perusal of the record so also the fact that the instant case is a case of no injury; there is no independent witness of the alleged recovery; the applicant has duly explained his criminal history; he is languishing in jail since 20.12.2023; only two prosecution witnesses have been examined so far as well as in view of the judgement of the Apex Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Dharmpal Singh involved in Case Crime No. 1033 of 2023, under Sections 386, 307 IPC and Sections 3/25/37 of Arms Act, Police Station- Kotwali, District- Unnao, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 9.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench