Neutral Citation No. - 2025:AHC-LKO:23562 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3062 of 2025 Applicant :- Rudra Goswami @ Rahul Goswami Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anand Prakash Pandey,Dr.Surya Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Supplementary affidavit filed today is taken on record. 2.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3. This first bail application has been filed with regard to Case Crime No.191 of 2024 under sections 147, 148, 149, 307, 504, 34 I.P.C., 3/25 Arms Act, P.S. Rajesultanpur, district Ambedkarnagar 4. It is alleged in the prosecution case that on 27.6.2024 at about 6.30 p.m., father of the informant was going home from Padumpur Bazar. Near the village approximately 500 metres away from home, all of a sudden 8 persons on five motorcycle(s) came and Radheyshyam, Shivan, Vikas Vishkarma and Prabhakar Tiwari and four unknown persons by hurling abuses attacked his father with an intent to kill by fire arms. His father suffered injuries in the leg. His condition is serious. 5.Learned counsel for the applicant submits that a perusal of the statement of the injured shows that role of firing is not assigned to the applicant; rather it has been assigned to Abhishek Shukla, co-accused. The applicant has been assigned the role of catching hold of his motorcycle and exhortation. The applicant has been falsely implicated. The statement of injured has been recorded after six days of the incident. 6. It is submitted that no test identification parade has been conducted. Identification of the applicant has been made by showing his photograph to the injured which is not permissible under law. Nothing has been recovered from the applicant. Case of the applicant is different from the case of co-accused Abhishek Shukla. The applicant has no previous criminal history. The applicant is in jail since 08.01.2025. 7. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 8.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 9.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, there is no recovery from the applicant, no test identification parade has been conducted, role of firing is not on the applicant, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 10. Let the applicant Rudra Goswami @ Rahul Goswami, involved in aforesaid case crime number 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 under Section 229-A of the Indian Penal Code. (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. 11.The application is allowed accordingly. Order Date :- 24.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench