HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31196 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Prashant Singh, Advocate holding brief of Sri Pankaj Sharma, learned counsel for the applicants, Sri Parth Sharma, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.173 of 2025, under Sections 190, 191(2), 191(3), 352, 351(3), 109(1) B.N.S., Police Station- Hasayan, District- Hathras, during the pendency of trial. 4. As per prosecution story, the applicants alongwith five other co-accused persons is stated to have caused gunshot injury to the brother of the informant on 17.6.2025 at about 09:30 p.m. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by about three days and there is no explanation of the said delay caused. 6. Learned counsel for the applicants has further stated that the gunshot injury is stated to have been caused by co-accused person Anokhe Lal only. The case of civil in nature regarding land dispute has been converted to criminal one by the informant. Only two injuries were sustained by the Versus Counsel for Applicant(s) : Ganesh Datta Sharma, Pankaj Sharma Counsel for Opposite Party(s) : G.A., Parth Sharma, Sanjay Vikram Singh Babloo And 3 Others .....Applicant(s) State of U.P. .....Opposite Party(s) injured person. 7. It is further argued by learned counsel for the applicants that there are previous criminal history of one case assigned to applicant no.1, which has been explained, and one case subsequent to the instant FIR has been instituted against applicant nos.1, 2 and 3, in which they have yet to apply for bail. The applicant no.4 has no criminal antecedent to his credit. The applicants are languishing in jail since 6.8.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they 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. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the role of causing gunshot injury to the injured person has been assigned to co-accused person Anokhe Lal only, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 11. Let the applicants- Babloo, Naresh @ Nepali, Arvind and Komal, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 31196 of 2025 2 13. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 Vikas Verma BAIL No. 31196 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad