Neutral Citation No. - 2025:AHC-LKO:26859 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13171 of 2023 Applicant :- Shoyeb Khan Opposite Party :- State Of Up Thru Prin Secy Deptt Of Home Civil Sectt Lko Counsel for Applicant :- Ravindra Kumar Mishra,Anuj Pandey,Bhupendra Singh Bisht,Dildar Khan,Nadeem Murtaza,Rehan Ahmad Siddiqui,Vijayendra Prakash Tripathi,Wali Nawaz Khan Counsel for Opposite Party :- G.A.,Akhilesh Pratap Singh,Kushagra Kanodia Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nadeem Murtaza, learned counsel for the applicant, as well as Sri Mohd. Asif Khan, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0282 of 2023, under Sections 302/34 I.P.C., registered at Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.05.2023 against three persons, including the applicant, stating that the accused persons had taken away the informant's son from his home and they shot at him. The injured son of the informant was taken to district hospital, Pratapgarh where he was declared dead. 4. The postmortem report mentions an entry wound of firearm over mid abdomen and an exit wound of firearm over right side of abdomen. 5. The cause of death has been opined to be shock and hemorrhage due to antemortem firearm injury. 6. In the statement recorded before the trial Court Mohd. Aslam (PW-3) has stated that the single gun-shot was fired by co- accused/Gufran. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith the materials collected during investigation and a copy of the charge-sheet. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the statements of five prosecution witnesses recorded by the trial Court. Although PW-1 and PW-2 have supported the prosecution case, PW-3, PW-4 and PW-5 have turned hostile. 10. Learned counsel for the applicant has submitted that the charge-sheet mentions the names of five persons as witnesses of fact and all those five persons have already been examined. 11. Learned Additional Government Advocate-I has opposed the bail application but he could not dispute the aforesaid aspect of the matter. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that all the witnesses of fact have already been examined by the trial Court and three of them have turned hostile coupled with the fact that since all the witnesses of fact have been examined, in case the applicant is released on bail, he would not be in a position to influence the witnesses; that although the applicant's involvement in three other criminal cases has been disclosed in para-26 of the rejoinder affidavit in one of which he has already been granted bail, in one case he is not an accused and one case has been filed under the Gangsters Act on the basis of applicant's involvement in the present case; that the applicant is languishing in jail since 17.05.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Shoyeb Khan 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 :- 7.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench