Neutral Citation No. - 2025:AHC:107555 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14389 of 2025 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 37 of 2024, under Sections 307, 336 IPC & Section 3/25/27 Arms Act, Police Station- Rabupura, District- Gautam Buddh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 03.05.2024 after considering the fact that injured in his statement recorded during investigation stated that due to fire opened by applicant and co-accused Aman, he sustained fire arm injury but he is pressing the instant second bail application on the ground that when injured appeared before the trial court as P.W. 3 on 07.04.2025 then before the trial court he stated that he sustained fire arm injury due to fire opened by co-accused Zubaid. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.02.2024 i.e. for last almost one and half years. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute the fact that during trial when injured of the case appeared before the trial court then he did not state that applicant was the person, who caused fire arm injury to him. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost one and half years. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on the ground that injured in his statement recorded during investigation stated that he sustained injury due to fire opened by the applicant and co-accused Aman but it appears, after rejection of first bail application of the applicant when injured was examined by the trial court as P.W.3 then before the trial court then he did not state that applicant caused any injury to him and according to him, co- accused Zubaid was the person, who caused fire arm injury to him. 8. Further, applicant is not having any criminal history and he is in jail in the present matter since 29.02.2024 i.e. for last almost one and half years. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Danish be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad