HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18355 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Raj Kumar Khanna, learned counsel for the applicant, Sri Aman Srivastava, Advocate holding brief of Sri Shreesh Srivastava, learned counsel for the informant as well as Sri Sushil Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.301 of 2023, under Sections 147, 148, 149, 302 I.P.C. and Section 7 of Criminal Law Amendment Act and Section 25/27 Arms Act, Police Station-Junawai, District-Sambhal, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is true that the case of the applicant is at a different footing to the co-accused person-Jai Narayan who has been granted bail as it has come up in the statement of eye witness Laltesh that applicant and Kalicharan @ Kali had fired at Umesh the deceased person. It is further argued that the post-mortem report does not match with the said statement of eye witness Laltesh. The post-mortem report indicates four wounds of entry and one of exit and three bullets were retrieved from the body of the deceased person which indicates that four gun-shot wounds were sustained by the deceased person. Had the offence been committed in the way as narrated by eye-witness Laltesh, the gun-shot wounds of entry would not have been more than two. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is Versus Counsel for Applicant(s) : Amber Khanna, Raj Kumar Khanna, Sandal Khanna Counsel for Opposite Party(s) : G.A., Shreesh Srivastava Hari Om @ Raghuraj .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 04.10.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the said inconsistency in the statement of eye witness Laltesh to the post-mortem report, 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. 7. Let the applicant- Hari Om @ Raghuraj, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. September 9, 2025 Karan BAIL No. 18355 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad