The court may grant bail by considering the totality of facts, evidence on record, and the potential for trial delay, even in cases involving injuries to police personnel and criminal history, without prejudicing the merits of the trial.

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Uma Shanker Mishra, learned AGA for the State-respondents and perused the record.

3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 109 of 2026, under Sections 109 BNS and Sections 3/25(1-b), a/27 Arms Act, registered at Police Station Sahaswan, District Budaun, during pendency of the trial.

4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 17.3.2026. It is further submitted that one country-made pistol and some live cartridges are said to have been recovered from the possession of the applicant and one police personnel is said to have received injury of fire arm on his right arm whereas co-accused persons are said to have received injury on their legs. It is further submitted that applicant is having criminal history which has been duly explained in the memo of application. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that one of the police personnel has received injury of fire arm on his right arm.

6. The applicant and other co-accused persons are said to have opened fire on the police personnel as a result of which one of the police personnel is said to have received injury on his right arm and on the contrary co-accused persons are said to have received injury on their legs. One country-made pistol and some live cartridges are said to have been recovered from the possession of the applicant. The applicant is having criminal history which has been duly explained in the memo of application.

7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED

8. Let the applicant- Shahrukh involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with 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 not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10. It is clarified that anything said in this order is limited