HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30732 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Bharat Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 3(5), 191(2), 191(3), 115(2), 352, 351(3), 103(1), 109(1), 117(2) of BNS, Police Station Kurhfatehgarh, District Sambhal, 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. He has nothing to do with the said offence. The FIR is delayed by four hours and there is no explanation of the said delay caused. 5. Learned counsel has next stated that there are general and omnibus allegations against all the accused persons. It is true that one person has lost his life in the instant case and four persons have been injured but the role of firing has been assigned to other accused persons namely Subhash, Amit and Ajay Singh and there is recovery of one rifle and DBBL gun from Subhash and Amit Kumar. 6. Learned counsel has further stated that the applicant has been assigned the role of having carried danda in the statements of Nem Singh, Subhash Singh, Sunil, Bal Singh and Rajnesh but there is no injury sustained by the deceased person caused by hard and blunt object. All the injured persons have sustained gun shot injury, as such the applicant is entitled for bail. Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Durgpal .....Applicant(s) State of U.P. .....Opposite Party(s) 7. There is no criminal history of the applicant. The applicant is languishing in jail since 17.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has 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 and taking into consideration the fact that the role of the applicant has been distinguished in the statements of the aforesaid five witnesses and there being general and omnibus allegations against all the accused persons, 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- Durgpal, 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. 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. (Krishan Pahal,J.) September 9, 2025 Sumit S BAIL No. 30732 of 2025 2 Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad