Neutral Citation No. - 2025:AHC:38710 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32068 of 2023 Applicant :- Kapil @ Rana @ Rane Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar,Vinod Kumar Tripathi Counsel for Opposite Party :- G.A.,Kapil Tyagi Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Vinod Kumar Tripathi, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record. However, no one is present for the informant, even in the revised list. 2. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case on the basis of village parti-bandi. It is further submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. The informant/father of the injured is not an eye-witness. It is next submitted that though the applicant has been assigned specific role of causing firearm injury, but no recovery of any firearm has been effected from the possession or pointing out of the applicant. The alleged weapon of assault has been recovered from co-accused-Amit Khari, who has been enlarged on bail by coordinate Bench of this Court vide order dated 30.05.2023 passed in Criminal Misc. Bail Application No.16809 of 2023. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It has also been submitted that criminal history of five cases shown against the applicant has been duly explained in the paragraph no.18 of affidavit filed in support of bail application and paragraph no.19 of the rejoinder affidavit and in all the cases shown against the applicant, he is on bail. The applicant is languishing in jail since 14.02.2023. The applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail, will not tamper with prosecution evidence and cooperate with trial. He is ready to furnish sufficient and reliable sureties. Therefore, the applicant may be released on bail during pendency of trial. 3. Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is released on bail, he will misuse the liberty of bail, but he could not dispute the aforesaid facts. 4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and that the informant/father of the injured is not an eye-witness as well as though the applicant has been assigned specific role of causing firearm injury, but no recovery of any firearm has been effected from the possession or pointing out of the applicant and looking to the uncertainty in conclusion of trial as only one prosecution witness has been examined so far, 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. 5. The bail application is, accordingly, allowed. 6. Let the applicant-Kapil @ Rana @ Rane involved in Case Crime No. 69 of 2023, under Sections 307and 504 I.P.C., Police Station Dadri, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 18.3.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad