HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27360 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Prashant Kumar Singh, learned counsel for the applicant, Sri Vikas Sahai, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Gopal Saini, seeking enlargement on bail in Case Crime No. 192 of 2020, under Sections 147, 148, 149, 302, 307, 394, 412, 504, 506, 353, 332, 333, 396, 120B, 34 IPC and Section 3/4 Explosive Act as well as Section 7 CLA Act, Police Station Chaubeypur, District Kanpur Nagar. 3. The allegation made in the FIR is that in the intervening night of 02/03.07.2020, the police personnel in order to arrest Vikas Dubey raided at his house. At the time of raid, Vikas Dubey and other miscreants had opened indiscriminate firing by their respective weapons, in which 8 police personals died and other 6 police personals sustained injuries. It is also alleged in the FIR that the accused persons also looted arms of some police personals. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 29.07.2020. Apart from the present case, the applicant has criminal antecedent of four cases, which has been explained in para 32 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Versus Counsel for Applicant(s) : Prashant Kumar Singh Counsel for Opposite Party(s) : G.A. Gopal Saini .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the applicant submits that in this case, the present FIR was lodged against 21 named accused persons along with 60-70 unknown persons. As per the statement of injured Shiv Murat Nishad which was recorded on 10.09.2020, under Section 161 Cr.P.C. wherein he has assigned general role of firing to the applicant. The other injured witnesses as well as Mazeed Bayan of injured Kaushlendra Pratap Singh have not disclosed the participation of the applicant in the alleged incident. It is argued that one DBBL gun and empty cartridges have been recovered on the pointing out of the applicant. The Gun was issued in the name of co-accused Jahan Singh Yadav and on the basis of aforesaid DBBL Gun, the police has registered another FIR bearing Case Crime No. 0223 of 2020, under Section 7/27 Arms Act against the applicant. After completing investigation, the Investigating Officer has submitted charge sheet against the applicant and others on 30.09.2020. It is argued that out of 35 witnesses, only 18 witnesses have been examined till date and several co-accused persons have been granted bail by coordinate Bench of this Court on the ground of delay of trial. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Gopal Saini involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable 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. ii. The applicant will not indulge in any criminal activity. BAIL No. 27360 of 2025 2 iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 10. 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 8, 2025 v.k.updh. BAIL No. 27360 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad