Neutral Citation No. - 2025:AHC:119877 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15434 of 2025 Applicant :- Kernel Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Sharma,Pankaj Sharma,Vinay Kumar Counsel for Opposite Party :- Arvind Kumar Mishra,Devendra Mishra,G.A.,Pushpendra Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Devendra Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0205 of 2025, under Sections 109(1) and 3(5) BNS, Police Station- Sikandrabad, District- Bulandshahar, during the pendency of trial. 4. As per prosecution case, the persons seated in the Swift Car bearing No. DL3CCZ2283 are stated to have fired at the father of the informant on 27.02.2025 at about 09:00 PM thereby causing grievous gunshot injuries to him. 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. It is further argued that the applicant is not named in the FIR, his name has come up later on during the investigation. There is no test identification parade to indicate that it was the applicant who was present in the said car from which the said fire was made on the injured person. Subsequently the statement of injured has been recorded by the Investigating Officer and it was stated that it was Subodh who had fired at him. No role has been assigned to the applicant. The applicant was simply a passenger in the said car. He has further stated that the applicant has a criminal history of 2 cases which stands explained. The applicant is languishing in jail since 02.03.2025. 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. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and considering the statement of the injured person whereby he has nominated the co-accused-Subodh to be the person who had fired the gunshot 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-Kernel, 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