HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4090 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Nitinjay Pandey, learned counsel for the applicant, Sri Prashant Verma, learned counsel for the first informant, Sri Ramkumar Verma, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 172 of 2024, under Sections 331(8), 109(1), 351, 352(3), 118(2) of Bharatiya Nyaya Sanhita, 2023, and Section 3/25 Arms Act, Police Station Onchha, District Mainpuri, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR, allegation has been made that because of prior enmity, accused- applicant and co-accused chased the injured and the co-accused fired upon the injured but the same missed. Subsequently, the injured entered into his house and closed the door, then the present applicant fired upon the injured which hit him. It is further submitted that the injured, in his statement, has stated that initially Saurabh had fired upon the injured but he narrowly escaped, thereafter, when he entered into his house and closed the door, then both of them again fired upon the injured which hit him. However, the injury report of the victim shows that he received only one firearm injury and the firearm was shown to have been Versus Counsel for Applicant(s) : Mahendra Kumar Yadav, Nitinjay Pandey, Vinod Kumar Yadav Counsel for Opposite Party(s): G.A., Prashant Verma Gaurav .....Applicant(s) State of U.P. .....Opposite Party(s) recovered on the pointing out of both the present applicant and the co-accused. It is further submitted that the alleged eye-witness Jitendra made allegation of last firing upon Saurabh and first firing upon the present applicant. There are serious contradictions in the statement of the eye-witness. Therefore, presence of the applicant is doubtful at the time of incident and there is no FSL report showing that the bullet fired from the applicant hit the injured. 4. It is further submitted that the applicant has explained the criminal history of two cases. It is further submitted that out of 10 prosecution witnesses, only 3 prosecution witnesses have been examined till date. Therefore, trial is not likely to be concluded in the near future. It is further submitted that charge-sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law-abiding citizen and he is languishing in jail since 06.09.2024. In case he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned counsel for the first informant as well as learned A.G.A. for the State have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, contradictions in the statements of the victim, and the fact that no specific role has been assigned by the injured to the present applicant, and taking into account the fact that the trial is moving at a snail's pace, and keeping in view the nature of offence, evidence, complicity of the accused, and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts, as well as considering the mandate of the judgment of the Apex Court in the case of Kapil Wadhawan Vs. Central Bureau of Investigation, reported in 2025 SCC OnLine SC 3038, as well as the guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC OnLine All 6765, regarding grant of bail, and without expressing any opinion on the merits of the case, I am of the opinion that the BAIL No. 4090 of 2025 2 applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Gaurav, involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release BAIL No. 4090 of 2025 3 order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan@Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. 14. Application, if any, stands disposed of. (Arun Kumar Singh Deshwal,J.) September 30, 2026 SA BAIL No. 4090 of 2025 4 Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad