Neutral Citation No. - 2025:AHC:57938 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10427 of 2025 Applicant :- Gulshan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- R P Rajan Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.310 of 2024, under Sections 61(2)(a), 310(2) of B.N.S., Police Station - Shivpur, District Varanasi. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has been falsely implicated in the present case. He has also submitted that the applicant is not named in the F.I.R. It is further submitted that there is no recovery of looted articles, but one country made pistol, motorcycle without number-plate, two live cartridges and one mobile phone have been recovered. It is further submitted that there is no independent witness of the alleged recovery. He has further submitted that the identical placed co-accused persons have already been enlarged on bail by Co-ordinate Bench of this Court and placed the bail orders of other co-accused persons, namely, Ishwar Prakash, Dinesh alias Deenu Sonkar and Sameer during the arguments, who have already been enlarged on bail by Co-ordinate Bench of this Court. It is also submitted that there are previous criminal history of the present applicant, which has been explained at paragraph 17 of paper-book. Applicant is languishing in jail since 19.09.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant and submitted that the role of firing has been assigned to the present applicant and country made pistol has also been recovered from his possession. It is fairly conceded that the injury sustained by the injured is not severe in nature and not on vital part of the body. Charge sheet has already been filed after investigation. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have perused the bail orders of co-accused in the present case. The role of firing has been assigned to the applicant, he has opened fire on the injured person and due to that the injured person sustained injury on his thigh, but admittedly the injuries are not fatal to life and not on the vital part of the body. No looted articles were recovered from the applicant, but only country made pistol which was used in firing on the injured person was recovered. 7. This fact has not been contradicted by learned AGA appearing on behalf of the State. The charge sheet has already been filed before the concerned Court and there is no chance for completion of trial in near future. There is no previous criminal history against the applicant, three cases have been leveled against the applicant at the time of arrest. It is also undertaken by learned counsel for the applicant that the applicant shall abide all terms and conditions as imposed by this Court. He has also undertaken that the applicant shall co-operate in the investigation as well as in the trial. There is no chance of completion of trial in near future. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Gulshan Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 18.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad