HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9729 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 0156 of 2025 under Sections 115(2), 109(1), 3(5) of BNS, Police Station-Nasirabad, District-Raebareli. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. The contention of the learned counsel for the applicant is that as per FIR, all the accused persons namely Nilay Singh Chauhan, Harshit Singh, Adi Singh, Vishal Singh Kanujiya and Aman Lala (applicant) opened fire upon the informant and assaulted him with lathi-danda. Thus, against all the accused general allegations have been levelled in the FIR. The alleged incident was recorded in the CCTV footage and thereafter based upon the same, the informant/complainant and alleged eye witness namely Rajendra Singh made their statement(s) before the Investigating Officer (in short "IO"), which are annexed as Annexure Nos. 3 and 4 of this application, and a perusal of the same indicates that Harshit Singh opened fire upon the informant namely Surya Pratap Singh, however, he has not sustained firearm injury and injury which he sustained could be caused by hard and blunt object, which could be on account of falling down on hard and blunt object, as the CCTV footage does not support the case of the prosecution in regard Versus Counsel for Applicant(s) : Rahul Singh Rana Counsel for Opposite Party(s) : G.A. Aman Kumar Sinha @ Aman Lala .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s) to injury sustained by hard and blunt object. 5. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, they shall not misuse the liberty of bail. 6. It is submitted that considering aforesaid, the applicant, who is in jail since 28.08.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 7. Learned A.G.A. opposed the prayer of the applicant. He stated that according to the CCTV footage, the applicant was present at situs of the crime. He stated that in one of the pictures, it appears that the applicant was sitting in the vehicle when co-accused Harshit Singh was loading the country made pistol and from others, it is apparent that the applicant appeared on the situs of the crime and as such the applicant is not entitled to be released on bail. 8. In response, learned counsel for the applicant stated that the applicant in any case would be implicated with the aid of Section 3(5) BNSS akin to Section 34 Cr.P.C. (now repealed) and the same can be established before the trial Court by placing appropriate evidence and at this stage, it cannot be presumed that the applicant was sitting in the vehicle with common intention. 9. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents including statement(s) and also the role attributed to the applicant and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant- Aman Kumar Sinha @ Aman Lala be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. BAIL No. 9729 of 2025 2 (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 10, 2025 Vinay/- BAIL No. 9729 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench