Neutral Citation No. - 2025:AHC:67768 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9048 of 2025 Applicant :- Ravi Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh,Prashant Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. Heard Mahendra Singh, learned counsel for the applicant, Sri Manoj Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 197 of 2023, under Sections 147, 148, 149, 504, 307, 34 of the Indian Penal Code, and Section 3/25 of the Arms Act, Police Station Bahariya, District Prayagraj. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the allegation against the applicant is that he shot firearm in the head of the injured with the intention to kill him. He submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted in spite of the fact that the Police Station is about 5 KM away from the place of occurrence. The Police has not sought FSL report of the country made pistol, which is alleged to be recovered from the possession of the accused applicant. There is no independent witness of the alleged incident. He submits that there is contradiction in the version of FIR and in the statement of the informant. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. He further submits that the co-accused Dhananjay Singh, Mohd. Sameer and Arvind Singh have already been enlarged on bail in Criminal Appeal No. 1675 of 2024, 3874 of 2024 and 2351 of 2023 vide orders dated 18.03.2024, 31.05.2024 and 30.08.2024 respectively. He further submits that the informant/injured in his examination in chief has stated that the co-accused Dhananjay shoot him with country made pistol, which caused injury in his head and the motive behind the occurrence was that the informant had abused the mother of the co-accused Dhananjay. The applicant is languishing in jail since 14.11.2023. The applicant has criminal antecedents of various cases which has been explained in the affidavit filed in support of the bail application. He submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ravi Pasi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 30.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad