HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7251 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and counsel for the informant as well as Sri V.P. Tripathi, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 01 of 2026, under Section 105 B.N.S. and 3/27/25 of Arms Act, Police Station- Fatehabad, District- Agra, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Placing reliance upon the statements of the wife of the deceased, namely, Smt. Shikha and the witnesses, namely, Smt. Kiran, Shishupal Singh, Guddi Devi, it is contended that there was no prior enmity between the parties. The incident occurred due to accidental discharge of a firearm during celebratory firing and was purely accidental in nature. There is no evidence on record, at this stage, to indicate that the applicant aimed at or pointed the firearm towards the deceased while engaging in celebratory firing. It is further contended that the applicant neither had the requisite knowledge nor the intention to commit the alleged offence. At this stage, there is no corroborative evidence to link the applicant with the offence. Criminal history of the applicant has been explained in paragraph-17 of the bail application. The applicant is in jail since 02.01.2026 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have opposed the prayer for Versus Counsel for Applicant(s) : Dr. Akhilesh Kumar Counsel for Opposite Party(s) : Prabhakant Singh (Senior Advocate), Rajeev Singh (Senior Advocate), G.A. Subhash Chandra Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the statements of the wife of the deceased, namely Smt. Shikha and the witnesses namely, Smt. Kiran, Shishupal Singh, Guddi Devi, there was no prior enmity between the parties and the incident had occurred due to accidental discharge of a firearm during celebratory firing. At this stage there is no credible evidence on record to establish that the applicant had the requisite knowledge or intention to commit the alleged offence. Moreover, the applicant has remained confined for almost nine months and after submission of the charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Subhash Chandra Sharma, involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 29, 2026 Manish Kr BAIL No. 7251 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad