HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30093 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Amit Daga, learned counsel for the applicant and Sri Devendra Kumar Mishra, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 130 of 2025, under Sections 109(1), 115(2), 352, 351(3) of BNS, Police Station - Madrak, District - Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant along with one co-accused and some unknown persons is stated to have caused gun-shot injuries to the informant along with Hari Singh and Munim Alihasan. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 21 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations stands falsified from the fact that all three injured persons have been examined but none of the them have sustained gun-shot injuries. The injuries sustained by the injured person are abrasions, as such, the applicant is entitled for bail. Versus Counsel for Applicant(s) : Amit Daga, Manglam Pandey Counsel for Opposite Party(s) : Devendra Kumar Mishra, G.A. Yatish Alias Yati .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel has next contended that the applicant is languishing in jail since 16.07.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant is a person branding heavy clout in the area and he has managed all the things, as such, he is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR and there being no medical evidence to corroborate the prosecution story, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Yatish Alias Yati, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 17, 2025 Siddhant BAIL No. 30093 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad