HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28778 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri D.M. Tripathi and Ms. Anjali Tomar, learned counsels for the applicant, Sri Garun Pal Singh, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.328 of 2025, under Sections 191(2), 191(3), 115(2), 352, 352(2), 109(1) B.N.S, Police Station- Sadabad, District- Hathras, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons who were driving the Swift car no.UP86 AJ 2580 are stated to have collided their car with the motorcycle of son of the informant Vishal Singh on 4.7.2025 at about 05:00 a.m. Subsequently, the applicant is stated to have fired at him enraged by the accident, although the said fire did not hit him. 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 fourteen hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is no injury sustained by the injured person regarding gunshot fired at him. The said allegations have been made to add colour to the prosecution case. The case Versus Counsel for Applicant(s) : D.M.Tripathi Counsel for Opposite Party(s) : G.A., Garun Pal Singh Akhilesh .....Applicant(s) State of U.P. .....Opposite Party(s) of accidental injury has been converted to that of attempt to commit murder. 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 14.7.2025 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no gunshot injury sustained by the injured person and the FIR being delayed by about fourteen hours, 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- Akhilesh, 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 12, 2025 Vikas Verma BAIL No. 28778 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad