Neutral Citation No. - 2025:AHC-LKO:18411 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11003 of 2023 Applicant :- Vineet Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Shailendra Singh Rajawat,Akash Verma,Pankaj Kumar Pandey,Suyesh Pradhan Counsel for Opposite Party :- G.A.,Amrendra Kumar,Neeraj Kumar Baghel,Vivek Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pankaj Kumar Pandey, learned counsel for the applicant, Sri Pranesh Kumar Sinha, the learned A.G.A. and Sri Neeraj Kumar Baghel, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 173 of 2023, under Section 302/34, 504, 506 I.P.C., Police Station Maholi, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.03.2023 against the applicant and his brother Virendra stating that at the exhortation of his brother Virendra, the applicant had fired a shot at the informant’s wife, causing her death. 4. In the affidavit filed in support of the application it has been stated that the applicant is innocent and he does not have any criminal history. He has been falsely implicated in the present case and is languishing in jail since 18.03.2023. 5. A supplementary affidavit has been filed on behalf of the applicant, annexing therewith a copy of the statement of the informant recorded by the trial court. In the statement although the informant has supported the prosecution case in his examination in chief, however, in his cross-examination he has stated that some dacoits had attacked his house. His wife had resisted and the miscreants had fired a shot at her. He further stated that he was not present at the time of the incident. He had not seen the applicant firing at his wife. He had not written the complaint on which the F.I.R. was lodged and he had merely put his signatures. He did not know who implicated the applicant. 6. The learned A.G.A. as also the learned counsel for the informant have opposed the bail application, but they could not dispute the facts stated above. 7. Having considered the aforesaid statement of the informant recorded by the trial court, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Vineet be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 2.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench