HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27799 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Ankit Tiwari, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 244 of 2025, under Sections 61(2)(ka), 352 of BNS and Section 109(1) of BNS, Police Station Partapur, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. 5. Learned counsel has next stated that the applicant is not named in the FIR. The applicant has subsequently been nominated in the case but he has nothing to do with the said offence. Two persons have sustained three gun shot injuries but they are not on the vital part of the body, as such it is a clear cut case of false implication. 6. Learned counsel has further stated that even role of firing has been assigned to Avnish by both the injured persons. There is no criminal history of the applicant. The applicant is languishing in jail since 03.07.2025 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 counsel for the informant as well as learned A.G.A. have Versus Counsel for Applicant(s) : Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Shivam Poli .....Applicant(s) State of U.P. .....Opposite Party(s) vehemently opposed the bail application on the ground that there is C.D.R. which indicates that the applicant was in constant touch with the main accused and it is he, who had called him to commit the said offence. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR coupled by the fact that the applicant is not named in the FIR and the injuries sustained by the injured persons are not on the vital part, 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- Shivam Poli, 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 the 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 11, 2025 Sumit S BAIL No. 27799 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad