HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32217 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sunil Kumar, learned counsel for the applicant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 111 of 2025, under Sections 109(1), 352 B.N.S. and 27/30 Arms Act, Police Station- Anoopshahar, District- Bulandshahar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have caused gunshot injury to the nephew of the informant on 14.3.2025 at about 10:20 p.m. 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 five hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is cross- version to the instant case as FIR No.219 of 2025 was instituted from the side of applicant after moving an application U/s 175(3) BNSS. The applicant and his son were medically examined on the date of institution of FIR and the said medical reports have been annexed as Annexure-5 to the affidavit filed with bail application. The injuries sustained by the applicant and his son are also grievous in nature as lacerated wounds were observed on the body of both the persons. 7. It is further argued by learned counsel for the applicant that there is no explanation offered by the prosecution regarding the injuries sustained by Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Kuldeep .....Applicant(s) State of U.P. .....Opposite Party(s) the applicant and his son. There being cross-version to the instant case, it cannot be ascertained as to which party was the aggressor one. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 15.3.2025 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 A.G.A. 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, taking into consideration the delay in institution of FIR and there being cross-version of the incident coupled with the fact that there is no explanation of the injuries sustained by the applicant and his son, 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- Kuldeep, 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 19, 2025 Vikas Verma BAIL No. 32217 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad