HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6789 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the prosecution story, on 14.02.2025 at about 10:00 p.m., the complainant and his brother, Mukul Mishra, were returning home. When they reached the Mandi Gate, two motorcycles, an M.T. and an Apache, arrived, each carrying two persons. The informant recognized two of them as Atul Singh and Nitin Singh. It is alleged that the accused opened fire on them with the intention to kill, resulting in a gunshot injury to Mukul Mishra on his chest. Learned counsel for the applicant submits that the victim has not supported the prosecution version in his statement recorded under Section 161 Cr.P.C. The charge sheet has already been filed. The injured sustained a firearm wound measuring 1 x 0.5 cm on the front of the chest, 5 cm below the left sterno-clavicular joint, along with an exit wound of 0.5 cm on the back. It is further submitted that the applicant is the real brother of the injured. He is in custody since 23.02.2025. The injured has been examined before the trial court, and there is no possibility of tampering with the evidence. In his examination-in-chief, the injured has denied the prosecution case and stated that the applicant did not shoot him, alleging that he has been falsely implicated by the investigating officer. The applicant has also explained his criminal antecedents in paragraph 2 of the supplementary affidavit. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Amrendra Singh Somvanshi, Ritesh Kumar Counsel for Opposite Party(s) : G.A. Adarsh Mishra @ Baba .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) Learned AGA has opposed the bail application but has not been able to dispute these submissions. Considering that the injured witness has already been examined before the trial court; he has not supported the prosecution case; the applicant has explained his criminal antecedents; and he is in custody since 23.02.2025, I find this to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Adarsh Mishra @ Baba, involved in Case Crime No- 045/2025, S 109 (1) B.N.S. & Section 25 (1-B) Arms Act P.S.- Kotwali Nagar, District- Sitapur, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 14, 2025 R.C. BAIL No. 6789 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench