HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34647 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Amit Kr. Pandey, learned counsel for the applicant, Sri Pawan Kr. Shukla, learned counsel for the first informant and Sri Roshan Kumar, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 147 of 2025, under Sections 109, 61(2) B.N.S., P.S. Pakbara, District Moradaba. 3. Contention of learned counsel for the applicant is that the applicant is a law abiding citizen and he has been falsely implicated, though there is no incriminating material against him. It is further submitted that the specific allegation has been made against co-accused Pawan for causing fire arm injury and there is no recovery of any fire arm from the applicant. Charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. It is also submitted by learned counsel for the applicant that the criminal history of the applicant has been explained in the accompanying affidavit and he is languishing in jail since 18.6.2025. 5. On the other hand, learned counsel for first informant and learned A.G.A. for the State opposed the prayer for bail and submitted that applicant has been convicted in an offence under Section 302 IPC and also he is the main conspirator in the present case. Therefore, the Versus Counsel for Applicant(s) : Amit Kumar Pandey Counsel for Opposite Party(s) : G.A., Pawan Kumar Shukla Amit .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is not entitled to be released on bail. 6. Thus, considering the entire facts and circumstances of the case and taking into account that specific allegation has been made against co- accused Pawan for causing fire arm injury; there is no recovery of the fire arm from the applicant; and his conviction under Section 302 IPC was challenged before this Court in Criminal Appeal No. 7280 of 2018 wherein he was released on bail by order dated 13.4.2023, this court is of the opinion that the applicant is entitled to be enlarged on bail. 7. 7. Let the applicant- Amit, involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. The applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. BAIL No. 34647 of 2025 2 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023; гeported in (2024) 10 SCC 685. October 29, 2025 Vandana BAIL No. 34647 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad