HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 672 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.322 of 2024 under sections 74, 109(1), 70(1)/3(5) BNS, P.S. Mitauli, District Lakhimpur Kheri. 3. In terms of the FIR, it was alleged that on the date of incident, when the informant's mother had gone to the agricultural field, three accused including the applicant made effort for misbehaviour and when the mother tried to intervene, all of them caught hold of her and fired upon her chest with a country made pistol. Subsequently, in the statement under section 183 BNSS, the victim stated that three accused caught hold of her and committed wrong on her and against the applicant, it was alleged that he was catching her feet. It was specifically stated that the applicant did not commit the offence. As regards the firearm injury, the same was assigned to the co-accused Shamsad. 4. In the light of the said allegations, the counsel for the applicant argues that no allegation of rape was levelled in the FIR against the mother of the informant and even in the statement under section 183 BNSS, no allegation of rape were levelled against the applicant, although only the role of catching hold the feet was assigned to the applicant. He further argues that although the role of firing was not assigned to the applicant. Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Dependra @ Devendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) The applicant is in custody since 18.10.2024 and has no criminal history. 5. In view of the specific statement of the victim not alleging rape at the instance of the applicant and not assigning the firearm injury to the applicant coupled with the fact that the applicant has no criminal history and is in custody since 18.10.2024, he is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Dependra @ Devendra Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. 7. It is clarified that the other co-accused would not be entitled to claim parity in view of the different role assigned by the victim. October 30, 2025 VNP/- BAIL No. 672 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench