HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45481 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary and counter affidavit filed by the applicant and the first informant respectively are taken on record. 2. Heard Sri Ram Bilas Yadav, learned counsel for the applicant, Sri Ajendra Kumar and Sri Anand Mohan, learned counsel for the first informant, Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 384 of 2025 under Sections 103(1), 3(5) BNS and 3/2/27 Arms Act registered at Police Station Dadari, District Gautam Budh Nagar during pendency of the trial. 4. It has been argued by learned counsel for the applicant that applicant and three other co-accused persons have been assigned general role of assault by fire-arm as a result of which, brother of the first informant received ante mortem gun shot injuries and died. It is further submitted that first informant Kuldeep and his brother Raj Kamal in their statements recorded under section 180 BNSS have assigned specific role of assault by fire-arm to the applicant whereas they reached the place of occurrence after hearing the sound of gunshot. It is further submitted that as per the postmortem report, cause of death of the deceased has been shown as ante mortem gun shot injury. It is also submitted that till date only two witnesses have been examined by the learned trial court and the trial is not likely to conclude in near future. It is also submitted that co-accused Abhishek and Bijendra @ Vijje have already been granted bail by Co-ordinate Bench of this Court vide orders dated 15.10.2025 and 20.11.2025 passed in Crl. Misc. Bail Application Nos. 32989 of 2025 and 32714 of 2025 respectively. It is further submitted that applicant has criminal history of one case which has been duly explained in the memo of application. It is further submitted that applicant has been languishing in jail since 01.8.2025 and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of Versus Counsel for Applicant(s) : Brij Lal Shukla, Ram Bilas Yadav Counsel for Opposite Party(s) : Ajendra Kumar, Anand Mohan, G.A. Vivek .....Applicant(s) State of U.P. .....Opposite Party(s) heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. On the other hand, learned A.G.A. as well as learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submit that the first informant Kuldeep as well as Raj Kamal are the eye witnesses and they have assigned specific role of assault by firearm to the applicant and the deceased has received only one ante mortem fire arm injury. 6. As per the FIR, applicant and three other accused persons Abhishek, Bijendra and Tapesh are said to have surrounded the brother of the first informant and opened fire on him as a result of which he received ante mortem gun shot injury and died and they took the dead body of the deceased in their vehicle and left the said vehicle outside the village. During investigation, the first informant Kuldeep and his brother Raj Kamal has stated in their statements recorded under section 180 BNSS that they reached the place of occurrence when they heard the noise of gunshot and saw all the accused persons running away and his brother was lying on the ground. as per the postmortem report, cause of death of the deceased has been shown as ante mortem gun shot injury. Till date, only two witnesses have been examined by the learned trial court and co- accused Abhishek and Bijendra @ Vijje have already been granted bail by Co- ordinate Bench of this Court. Applicant has criminal history of one case which has been duly explained in the memo of application and he has been languishing in jail since 01.8.2025. 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant Vivek involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (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 the trial court. BAIL No. 45481 of 2025 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. 11. Learned trial court is directed to expedite the trial of the present case as expeditiously as possible preferably within a period of one year. September 9, 2026 Madhurima BAIL No. 45481 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad