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Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15469 of 2025 Applicant :- Ram Kumar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Arpana Ray,Kalpana Singh Hon'ble Ram Manohar Narayan Mishra,J.
1. At the outset learned counsel for the applicant submitted that in bail rejection order dated 18.2.2025 passed by Additional Sessions Judge, Hamirpur, section 3/25 of Arms Act is not mentioned but as the said offence is mentioned in the rejection order of co-accused Pradeep Singh @ Tauwa, section 3.25 of Arms Act has also been mentioned in present bail application therefore, she may be permitted to score out section 3/25 of Arms Act shown in the penal section. 2. Learned counsel for the applicant is permitted to score out section 3/25 of Arms Act from the bail application. 3. Heard learned counsel for the applicant and learned A.G.A. for the State. 4. The instant bail application has been filed on behalf of the applicant- Ram Kumar Verma with the prayer to enlarge him on bail in Case Crime No. 438 of 2024 under sections 109, 288, 352, 351(2) B.N.S., police station Sumerpur District Hamirpur. 5. Learned counsel for the applicant submits that according to prosecution version, incident occurred on 31.10.2024 at 9:15 pm but FIR has been lodged belatedly on 2.11.2024 at 1:09 hours under the said sections at the instance of informant. In FIR he stated that on date and time of occurrence, the injured Ram Kumar was inside the house, suddenly the accused Pradeep Singh and Ram Kumar Verma emerged there having country made pistol and started abusing and opened fire on air when Ram Kumar objected to this on coming out of the house, accused opened fire on him with intention to kill which hit him on his left leg. During investigation, this fact surfaced that firearm injury was caused by accused Pradeep Singh from whose pointing out a country made pistol was recovered and section 3/25 of Arms Act was also added against him. She next submitted that co-accused Pradeep Singh @ Tauwa who is said to have opened fire on the injured, has already
been released on bail vide order dated 15.42025 in Crl. Misc. Bail Application no. 7949 of 2025 and the case of the applicant stands on better footing with regard to prayer for bail.
He has no criminal history to his credit and is in jail since 12.11.2024, thus it is prayed that the applicant be released on bail. 6. Per contra, learned A.G.A. opposes the bail application and submitted that as per medical examination conducted at Mannat Hospital, Kanpur, gunshot injury was found on the left leg of injured. However, he did not deny the primary medical examination of the injured done in the district hospital where cause of injury was shown to be "suspect fire cracker injury." This fact is not disputed that the alleged injury is not of serious nature and caused on non vital part of the body. 7. Considering the facts and circumstances of the case,
submissions of the learned counsel for the parties and without commenting upon the merits of the case, it my opinion the applicant is entitled to be enlarged on bail. The application is allowed.
8. Let the applicant- Ram Kumar Verma involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 14.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad