Neutral Citation No. - 2025:AHC:119847 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14535 of 2025 Applicant :- Varun Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- Vikrant Singh Parihar,Anshul Kumar Singhal,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Brij Lal Shukla, learned counsel for the applicant, Sri Ashwani Kumar Patel, learned counsel for informant Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 32 of 2025, under Sections 191(2), 191(3), 190, 115(2), 109, 352 BNS, Police Station- Dankaur, District- Gautam Buddha Nagar, during the pendency of trial. 4. As per prosecution case, applicant along with co-accused person is stated to have come to the shop of the informant and started assaulting his son, whereby the applicant is stated to have fired at him which missed and the co-accused-Lucky is stated to have fired a gun-shot which hit the victim in his abdomen on 19.02.2025 at about 07:15 PM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. FIR is delayed by about 16 hours and there is no explanation to the said delay caused. The gun-shot fire of the co-accused Lucky had hit the injured person and the role of the applicant is at different footing, as such he has nothing to do with the said offence. There was an earlier enmity between the family members. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that applicant fired upon the victim with intention to kill. Intention of the applicant can be drawn from the fact that he has fired on the victim but the said fire missed. There is an NCR instituted against the applicant by the same informant on 12.11.2022 at the same police station, as such, applicant is not entitled for bail. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and considering the role of the applicant coupled with the fact that the FIR is delayed without any explanation 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- Varun, 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. 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. Order Date :- 22.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad