HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18378 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Onkar Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.105 of 2025, under Sections 109, 352, 115(2) and 351(2) B.N.S., Police Station Nai Mandi, District Muzaffarnagar, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have forcibly tried to abduct the brother of the informant and had subsequently caused gunshot injury by firing from a pistol on 03.03.2025 at about 11:30 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The injury sustained is not on the vital part of the body, as such, the case does not go beyond grievous hurt. Even the injured person has not mentioned the fact as to who was the author of the said injuries. The incident is of night, as such, it is a blind case. Even the informant is not an eye- witness to the incident and he has instituted the FIR on the basis of hearsay evidence. Versus Counsel for Applicant(s) : Onkar Singh, Sachin Malik Counsel for Opposite Party(s) : G.A. Shekhar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel for the applicant has further argued that the injury sustained on the leg of the injured person cannot be termed as serious. There is no criminal history of the applicant. The applicant is languishing in jail since 03.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the injury sustained by the injured person is not on the vital part of the body, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Shekhar, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 19, 2025 (Ravi Kant) BAIL No. 18378 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad