HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9794 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicant is not named in the F.I.R. The injured Vijay Kumar, who has sustained fire arm injury, has not named the applicant. Only general allegation has been levelled and no specific role has been assigned to the applicant by anyone including the injured witness. There are 6 injured witness in this case except Vijay Kumar, who has received gun shot injury and others have received simple injuries. No motive has been assigned to the applicant. 3. The criminal history of 6 cases of the applicant has been explained by the learned counsel for the applicant in paragraph- 19 of the affidavit filed along with the bail application. The applicant is languishing in jail since 31.07.2025 and there is no possibility of the applicant 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. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. Considering the submissions of learned counsels for the parties, perusal of the record prima facie shows that the injured Vijay Kumar, who had received gun shot injury, has not taken the name of the applicant and the other injured persons, who had received simple injuries have assigned general role to the applicant, the fact that the applicant is languishing in jail since 31.07.2025, the investigation in the case is going on and the applicant undertakes to co- operate in the trial; without expressing any view on the merits of the case, I Versus Counsel for Applicant(s) : Anil Kumar Yadav, Krishna Ram Yadav, Monu, Sunil Kumar Counsel for Opposite Party(s) : G.A. Ambika Prasad @ Deepu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) find it to be a fit case of bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Ambika Prasad @ Deepu Yadav, involved in Case Crime/FIR No. 165/2025, Under Sections- 119(2), 191(3), 190, 109(1), 115(2), 125, 352, 351(3) B.N.S and Section 3/25 Arms Act, Police Station- Sammanpur, District- Ambedkar Nagar, 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). 8. 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 17, 2025 DiVYa BAIL No. 9794 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench