Neutral Citation No. - 2025:AHC-LKO:34552 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4297 of 2025 Applicant :- Akash Awasthi @ Aman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manish Kumar,Aisha Aziz,Sanjay Kumar Upadhayay,Vaibhav Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Learned counsel for the applicant submits that the applicant has been falsely implicated. He is not named in the first information report. No role of firing has been assigned to the applicant. Role of firing has been assigned to the co-accused Manish Tiwari. The applicant has no previous criminal history. The applicant is in jail since 2.4.2025. It is further submitted that the two co-accused Virendra Mishra and Harshit Rai have been granted interim protection by a Division Bench of this court vide orders dated 7.5.2025 and 22.4.2025 passed in Crl. Misc. W.P. No.3899 and 3216 - both of 2025, respectively. It is submitted that considering the single pellet injury in the hand received by Abhinav Shukla, by no stretch of imagination, offence under section 109 BNS is made out 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. 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. Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, interim protection granted vide orders (supra) to the co-accused persons, general role having been assigned to the applicant, arguments advanced by learned counsel for the parties, the applicant is in jail since 2.4.2025, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Akash Awasthi alias Aman, involved in Case Crime No.116 of 2025 under sections 109, 115(2), 351(3), 191(2), 191(3), 61(2) B.N.S., P.S. Gomti Nagar, district Lucknow 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. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 4.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench