HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28715 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Hari Nath Chaubey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.94 of 2025, under Sections 309(6), 317(2) B.N.S. and Section 3/25 Arms Act, Police Station-Shivrajpur, District-Kanpur Dehat, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and the allegations are per se false. It is further argued that false recovery has been foisted on the applicant just to implicate the applicant in the instant case. There is no test identification parade as per Section 7 of the Bhartiya Shakshya Adhiniyam. There is no criminal history of the applicant. The applicant is languishing in jail since 03.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the applicant was not named in the FIR, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is Versus Counsel for Applicant(s) : Hari Nath Chaubey Counsel for Opposite Party(s) : G.A. Brijesh Alias Girjesh .....Applicant(s) State of U.P. .....Opposite Party(s) allowed. 7. Let the applicant-Brijesh Alias Girjesh, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 Karan BAIL No. 28715 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad