HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31579 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned AGA for the State- respondent and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 136 of 2026, under Sections 191(2), 191(3), 109(1), 333, 115(2), 352, 351(3), 117(2), 131 BNS, Police Station Patiyali, District Kasganj, during the pendency of trial. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has contended that the applicant has not been given any specific role in the FIR. No firearm injury caused to any person by the applicant. Later in the statement of the injured, the role of using a firearm and firing upon the injured Omveer has been given to the other co-accused Shiv Kumar @ Sampat. The injured Omveer has not received any injury which can be categorized to be a firearm injury. None of the injuries have been opined to be dangerous to life. Learned counsel has further contended that similarly situated co-accused Shiv Kumar @ Sampat has been granted anticipatory bail by this Court in NABAIL No. 7944 of 2026. The applicant has criminal history of six cases, which has been explained in para '16' of the bail application. The applicant is languishing in jail since 04.08.2026 and in case he is released on bail, he will not misuse the liberty of bail. Per contra, learned AGA, however, opposed the prayer for bail. Versus Counsel for Applicant(s) : Shashi Kumar Mishra Counsel for Opposite Party(s) : G.A. Shivam Saxena @ Subham Saxena .....Applicant(s) State of U.P. .....Opposite Party(s) Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant-Shivam Saxena @ Subham Saxena be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 8, 2026 Brijesh BAIL No. 31579 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad