HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32741 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shikhar Awasthi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0186 of 2024, under Sections 352, 109, 3(5) B.N.S. and Sections 3/25/27 Arms Act, Police Station Salempur, District Bulandshahar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. He has nothing to do with the said offence. His name has come up in his own confessional statement before the police, which is hit by Section 23 of Bharatiya Sakshya Adhiniyam and has no evidentiary value in the eyes of law. Even the injured person has refused to identify the assailant. 5. Learned counsel for the applicant has further argued that there is no test identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam. There is no criminal history of the applicant. The applicant is languishing in jail since 13.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Shikhar Awasthi Counsel for Opposite Party(s) : G.A. Sandeep .....Applicant(s) State of U.P. .....Opposite Party(s) 7. 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 test identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam, 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. 8. Let the applicant- Sandeep, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 23, 2025 (Ravi Kant) BAIL No. 32741 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad