HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3586 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.17 of 2025 under Section 109(1) BNS and Section 5/27 Arms Act, Police Station Amethi, District Amethi. 3. In the prosecution case it is alleged that while the complainant was going to a tea shop and in front of his house on 23.1.2025 at 10 o'clock in the morning. The accused persons stopped the car next to the complainant and Nitin @ Danna Pasi shot the injured. 4. Submission of learned counsel for the applicant is that a perusal of the injury report reveals that the injury is not on any vital part of the body. It is submitted that the applicant has been falsely implicated in the present case. Although it is alleged that the injured sustained a gunshot injury on his forearm, there is nothing on record to indicate that he was ever admitted to the hospital, which renders the prosecution case doubtful. The applicant is in custody since 28.01.2025. The applicant has duly explained his criminal history in paragraph 15 of the bail application. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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) : Uma Kant Gupta Counsel for Opposite Party(s) : G.A. Nitin Saroj @ Danna Pasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Learned A.G.A. has opposed the prayer for bail and submitted that the statement of the victim and the injury report support the prosecution case; however, he could not demonstrate as to how many days the injured remained admitted in the hospital. 7. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 8. On due consideration to the nature of the injury and the fact that the same is not on vital part of the body, and there is no allegation of repeated firing, coupled with the circumstance that there is nothing on record to indicate how many days the injured remained admitted in the hospital, and further taking into account that the applicant is in custody since 28.01.2025, charge sheet has already been filed in the matter and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Nitin Saroj @ Danna Pasi be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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. BAIL No. 3586 of 2025 2 (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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). 11. 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. October 27, 2025 Madhu D.R/P.S BAIL No. 3586 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench