Neutral Citation No. - 2025:AHC:70929 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4293 of 2025 Applicant :- Suraj Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- Ankur Dwivedi,Damodar Pandey,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Prashant Kumar Tripathi, learned counsel for the applicant, Shri Ankur Dwivedi, learned counsel for the first informant and Shri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Suraj Pandey, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 191 (2), 191 (3), 109 and 352 B and 190 B.N.S. and sections 3, 25, 27 of Arms Act, Police station-Gagaha, District-Gorakhpur. 3. Learned counsel for the applicant submits that the First Information Report was lodged on on 11.01.2025 with a delay of one day for an incident taken place on 10.01.2025, without any plausible explanation, against the applicant along with five named and 4-5 unknown persons. The allegation made in the F.I.R. is that accused applicant Suraj Pandey, Rahul Pandey and Pankaj Pandey has given fire arm shot upon the brother of the informant from their firearm weapons, on account of which he sustained firearm injuries. First informant as well as injured in their statements recorded before the police has assigned the role of firing to the applicant, Rahul Pandey, Nitin Tiwari and Shubham Tiwari but they have not assigned any specific role to the applicant. Learned counsel for the applicant submits that the injury is on non vital part. Recovery shown from the applicant of one Pistol, two live and two empty cartridge are planted one. The applicant is languishing in jail since 11.01.2025. Learned counsel for the applicant further submits that the co-accused, Rinku @ Bineet Mishra, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 9357 of 2025 on 01.05.2025 but the order is not with him. Criminal history of one case has been explained in paragraph no. 22 of the affidavit filed in support of bail application in the said case the Investigating Officer has exonerated the name of the applicant and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned counsel for the first informant as well as learned A.G.A. for the State has opposed the prayer for bail by submitting that the applicant and other co-accused persons have given fire arm shot upon the injured with an intention to kill him due to which the injured has sustained severe injuries but could not dispute the fact that neither the injured nor the first informant, in their statements has assigned specific role of giving fire arm shot to the applicant. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Suraj Pandey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 2.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad