HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32367 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Hemendra Kumar, learned counsel for the applicant and Sri Vachaspati Pandey, Advocate holding brief of Sri Umesh Chandra Tiwari, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0083 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 109, 351(2) of BNS and Sections 3/25(1- B)(a)/27 of Arms Act, Police Station - Kunwargaon, District - Budaun, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There is a cross-version to the instant case as one person from each side has sustained gun-shot injury in the cross firing at each other. It is argued that at this point of time, it cannot be ascertained as to which party was the aggressor. 5. Learned counsel has next contended that the applicant is languishing in jail since 6.8.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA and learned counsel for the informant have has vehemently opposed the bail application on the ground that the applicant is the main accused person as it was his fire which had hit the injured person. Versus Counsel for Applicant(s) : Hemendra Kumar Counsel for Opposite Party(s) : G.A. Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) However, learned AGA could not dispute the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that there being a cross-version to the instant case as FIR No. 82 of 2025 was instituted from the side of the applicant as well, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Ahmad, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 19, 2025 Siddhant BAIL No. 32367 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad