HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30397 of 2023 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Anjali Singh Tomer, learned counsel for the applicant, Sri Som Veer, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.29 of 2023, under Sections 302/34 I.P.C. and 3/25/27 Arms Act, Police Station Hathras Gate, District Hathras, during the pendency of trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the applicant is not named in the FIR and his name surfaced only two days after the incident, on the basis of the statement of Pramod, the uncle of the deceased, who allegedly gave an ocular account of the occurrence. It is further stated that the alleged implication is out of previous enmity arising from the murder of the applicant's brother. Learned counsel submits that while motive may sometimes constitute a reason for committing the offence, it may also be a ground for false implication, and therefore it operates as a double-edged sword. It is also pointed out that the applicant has no previous criminal history except for one case relating to police firing in which a country-made pistol was recovered at the time of his arrest in the present case. The applicant has been in jail since 06.02.2023, as such, he is incarcerated for about two and half years and is ready to cooperate with the trial. It is further assured that, if released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anil Kumar, Anjali Singh Tomer, Inder Pal Singh Tomar, Nushra Siddiqui Counsel for Opposite Party(s) : G.A., Som Veer Shivam @ Shibbu .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned A.G.A. has vehemently opposed the bail application on the ground that there is a recovery of country made pistol from the possession of the applicant, as such, applicant is not entitled for bail.. 6. This Court had called for status of trial from the trial court concerned. As per the status report dated 31.07.2025 received from the trial court concerned, only one witness has been examined. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that applicant is not named in the FIR and his name has come up subsequently two days after the said incident that too by the person who was driving the said motorcycle which seems to cast shadow on the said prosecution story, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Shivam @ Shibbu, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 8, 2025 Karan BAIL No. 30397 of 2023 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad