HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9179 of 2023 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 FIR, the prosecution alleges that the applicant, after consuming liquor, began abusing the complainant’s family members as well as his cousin, Munendra Singh. When Munendra objected and asked him to stop, an altercation ensued. At that moment, Abhishek, the complainant’s younger brother, arrived to pacify the situation. It is further alleged that the applicant then instigated his brother, co-accused Prabhakar, to fetch a firearm and shoot them. Acting on this instigation, Prabhakar allegedly brought a firearm and fired upon Abhishek, causing a gunshot injury to his chest, while Munendra also sustained injuries during the scuffle. The complainant claims to have witnessed the accused persons fleeing from the spot as he arrived there from the rooftop of his house. Learned counsel for the applicant submits that, as per the statements of both injured witnesses, Munendra Singh and Abhishek, the applicant has only been assigned the role of exhortation, whereas the act of firing has been attributed solely to co-accused Prabhakar, who was a juvenile at the time of the incident and has already been granted bail in Criminal Revision No. 646 of 2024. Versus Counsel for Applicant(s) : Armendra Pratap Singh, Devendra Kumar Singh, Dinesh Chandra, Krishan Bhushan Tripathi, Madhulika Yadav, Rakesh Kumar Nayak, Shyam Sundar Counsel for Opposite Party(s) : G.A. Devendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is further submitted that the applicant has no criminal antecedents and is in custody since 17.03.2023. Four fact witnesses, including both injured witnesses, have already been examined before the trial court. Since the investigation is complete and the charge sheet has been filed, there is no likelihood of the applicant tampering with evidence. 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. Learned AGA has opposed the bail application. Considering that the role of firing is not attributed to the present applicant; he is in custody since 17.03.2023; out of 12 witnesses, four including the two injured have already been examined; the charge sheet has been filed leaving no chance for tampering with evidence; and also keeping in view the law laid down by the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Devendra Kumar, involved in Case Crime No.55 of 2023, Under section- 307 I.P.C., Police Station-Pisawan, District-Sitapur, be released on bail in the aforementioned 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. December 8, 2025/R.C. BAIL No. 9179 of 2023 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench