Neutral Citation No. - 2025:AHC:130546 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14354 of 2025 Applicant :- Swatantra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Abhishek Kumar, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 68 of 2024, under Sections 323, 307 I.P.C., Police Station- Colonelganj, District- Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant with co-accused person Chotu Pasi and two unknown persons are stated to have fired at grandchild of informant-Rishu Yadav and his friend Dheeraj Yadav. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused.There are general and omnibus allegations against all the accused persons but subsequently in the statement of Rishu Yadav, it has come up that it was the applicant who had shot the informant's grandchild causing injuries to him and his friend. 6. Learned counsel for the applicant has further stated that the situs of the injury sustained by the injured person is on his left elbow which is not on vital part of the body and the injury sustained by the other person is simple in nature. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that FIR is delayed by two days and there is no explanation to the said delay caused coupled with the fact that injuries sustained by grandchild of informant are on non vital part of the body and injuries sustained by his friend is simple in nature 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. 10. Let the applicant- Swatantra Singh, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date :- 4.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad