HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27770 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Brij Bhushan Upadhyay, learned counsel for the applicant, Sri Anurag Shrivastava, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 128 of 2025, under Sections 109, 118(2), 190, 191(2), 191(3), 352, 351(2) B.N.S. and 3/25/27 Arms Act, Police Station- Kotwali Dehat, District- Etah, during the pendency of trial. 4. As per prosecution story, in all twelve persons are stated to have fired indiscriminately at several persons, thereby caused gunshot injury to the eye of one Kushma Devi on 21.4.2025 at about 09:30 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. He has nothing to do with the said offence. The FIR is delayed by about one and a half day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is general role assigned to all the accused persons including the applicant. No specific role has been assigned to anybody. Only one person has been hit by the gunshot, as such, the applicant is entitled for bail. Versus Counsel for Applicant(s) : Brij Bhushan Upadhyay Counsel for Opposite Party(s) : Anurag Shrivastava, G.A., Shiv Bhushan Singh Saurabh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the life of victim has been ruined as she has lost her one eye and a country-made pistol was recovered at the pointing out of the applicant. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that FIR is delayed by about one and half day and there being general and omnibus allegations against all the accused persons, 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. 10. Let the applicant- Saurabh Kumar, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 Vikas Verma BAIL No. 27770 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad