HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24739 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri V.K.Baranwal, learned counsel for the applicant, Shri Dhirendra Kumar Verma, learned counsel for the first informant and Shri Manoj Kumar Singh, learned A.G.A., for the State and perused the record. The present bail application has been filed by the applicant Devraj Singh with a prayer to enlarge him on bail in Case Crime No. 418 of 2024, under Sections 191 (2), 191 (3), 190, 103 (1), 352, 351 (3) B.N.S. Police Station-Mainather, District- Moradabad, during pendency of trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 10.12.2024. Learned counsel for the applicant further submits that First Information Report was lodged 09.12.2024 with the allegation that due to old enmity between the family of the applicant and first informant all the accused persons on the date of incident, armed with Gandasa, Tamancha, Tabbal and Lathi Danda have severely assaulted the husband of the first informant namely Ompal Singh and on the instigation of the villagers all of them fled away from the place of incident after threatening the first informant and her son. It has been further stated that accused Kulwant has given several blows by Gandasa over the head of the husband of the first informant and Bharat Singh has given gun shot injury to Ompal Singh due to which he died on spot. In the post mortem report the cause of death has been shown as Shock and Hemorrhage due to Ante Mortem Injuries. Learned counsel for the applicant submits that the role assigned to the applicant is only of brandishing country made pistol. All the witnesses have repeated the said version. Learned counsel for the applicant further submits that the role of giving blow by Ganadasa over the head of the deceased has Versus Counsel for Applicant(s) : Abhishek Pandey, V.K. Baranwal Counsel for Opposite Party(s) : Dhirendra Kumar Verma, Anuj Kumar Gupta, G.A., Renu Swarnkar Devraj Singh .....Applicant(s) State of U.P. .....Opposite Party(s) been specifically assigned to Kulwant and gun shot injury has been assigned to Bharat Singh. Co-accused Sanjeev Kumar has been granted bail by this Court in Criminal Misc. Bail Application No. 22451 of 2025. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. Per contra, learned A.G.A. as well as learned counsel for the first informant have has opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Devraj Singh, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 22, 2025 Deepak/ BAIL No. 24739 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad