HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5623 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 21.3.2024 at about 09.00 am, while the informant's brother was going to college to drop his son on his motorcycle, three unknown persons shot on his chest. The son of the deceased tried to catch the assailants, but they managed to escape from the spot. Learned counsel for the applicant submits that the applicant is not named in the FIR. In the post-mortem report, the cause of death is shock and haemorrhage due to ante-mortem firearm injury. There is no eye-witness in this case. Except the confessional statement of the applicant and the co- accused as well as the recovery of countrymade pistol and Rs. 250/-, there is no other material with the prosecution. He submits that the three witnesses of fact i.e., PW-1, PW-2 and PW-3 have been examined before the trial court. However, none of them have supported the prosecution case during cross-examination. It is next submitted that the co-accused persons namely, Shubham Soni, Priyanshu @ Golu, Akash Gupta @ Baba and Piyush Pratap Pal @ Piyush Pal have already been granted bail by the coordinate benches of this Court. The bail orders are on record as Annexure-12 to the bail application. Versus Counsel for Applicant(s) : Umesh Chandra Counsel for Opposite Party(s) : G.A. Swapnadeep Yadadv @ Kallu Don .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. .....Opposite Party(s) It is further submitted that the applicant has explained the criminal history of two cases in para no. 21 of the bail application and he is languishing in jail since 8.4.2024. 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. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above so also the fact that out of 41 prosecution witnesses, only three prosecution witnesses have been examined before the trial court so far; there is no eye-witness in this case; the trial is not likely to be concluded in the near future coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail since 8.4.2024 as well as in view of the judgement of the Apex Court in re: 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- Swapnadeep Yadadv @ Kallu Don involved in Case Crime No. 106 of 2024, under Sections 34, 120B I.P.C. & Section 3/25 Arms Act, Police Station- Patti, District- Pratapgarh, 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 BAIL No. 5623 of 2025 2 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. September 8, 2025 Shravan BAIL No. 5623 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench