High Court · 2025

3. As per contents of FIR, incident is said to have taken place on 19.09.2024 at about 08.30 P.M. when allegedly the informant's sister was fired upon by the applicant resulting in serious injuries.

4. It is submitted that applicant has been falsely implicated in allegations levelled against him which could be evident from the fact that although the alleged victim in her statement recorded under Section 180 BNSS has supported the prosecution version but did not support the same during trial as P.W.2 and has completely resiled from the said story with specific averment being made that the applicant did not fire upon her.

5. Earlier this Court in its order dated 29.05.2025 has passed the following Order:- "Rejoinder affidavits to the counter affidavits filed on behalf of opposite parties no.1 and 2 are taken on record. Learned counsel for the appellant submits that the victim has turned hostile and she has stated in her evidence before the trial court that she had not seen the appellant and somebody else had fired on her. Learned counsel for the respondent no.2 submits that he is not aware about the evidence of the victim given before the trial court, however she has supported the prosecution case in the counter affidavit filed before this court. Learned A.G.A.submits that since the victim has supported the prosecution case even in the counter affidavit filed before this court, but subsequently she has turned hostile, therefore, the money paid by the Government to the victim at the time of lodging of the First Information Report and filing of the Charge sheet etc., if any, should be deposited by her. In view of above, learned counsel for the respondent no.2 is directed to ask the victim to deposit the money received by her, if any, since lodging of the First Information Report with the Government. As prayed by learned counsel for the parties list on 2nd of June, 2025 in terms of previous order. In the meantime learned A.G.A. may seek instructions as to how much money has been paid to the victim since lodging of the First Information Report."

6. Learned A.G.A. on the basis of instruction does not deny submissions made by learned counsel for appellant but submits that he does not have any instruction with regard to re-payment of any compensation which was made to the alleged victim.

7. Upon consideration of submissions made by learned counsel for parties, perusal of material available on record and without commenting upon merits, it is evident that during the course of trial, the victim herself appearing as P.W.2 has not supported the prosecution version and has in fact turned hostile. Apparently the sole eye witness also has not supported the prosecution version while appearing as P.W3.

8. In view of the above, the order passed by the court below is liable to be set aside. Accordingly appeal is allowed and the order dated 11.11.2024 is set aside.

9. However trial court is directed to ensure compliance of directions issued by this Court vide order dated 29.05.2025 which has been extracted hereinabove to ensure recovery of compensation given to the victim during the course of trial.

10. Let appellant (Shivam Tripathi) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions which are being imposed in the interest of justice:- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witnesses. (iii) The appellant 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. (iv) The appellant 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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 2.6.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench

3. As per contents of FIR, incident is said to have taken place on 19.09.2024 at about 08.30 P.M. when allegedly the informant's sister was fired upon by the applicant resulting in serious injuries.

4. It is submitted that applicant has been falsely implicated in allegations levelled against him which could be evident from the fact that although the alleged victim in her statement recorded under Section 180 BNSS has supported the prosecution version but did not support the same during trial as P.W.2 and has completely resiled from the said story with specific averment being made that the applicant did not fire upon her.

5. Earlier this Court in its order dated 29.05.2025 has passed the following Order:- "Rejoinder affidavits to the counter affidavits filed on behalf of opposite parties no.1 and 2 are taken on record. Learned counsel for the appellant submits that the victim has turned hostile and she has stated in her evidence before the trial court that she had not seen the appellant and somebody else had fired on her. Learned counsel for the respondent no.2 submits that he is not aware about the evidence of the victim given before the trial court, however she has supported the prosecution case in the counter affidavit filed before this court. Learned A.G.A.submits that since the victim has supported the prosecution case even in the counter affidavit filed before this court, but subsequently she has turned hostile, therefore, the money paid by the Government to the victim at the time of lodging of the First Information Report and filing of the Charge sheet etc., if any, should be deposited by her. In view of above, learned counsel for the respondent no.2 is directed to ask the victim to deposit the money received by her, if any, since lodging of the First Information Report with the Government. As prayed by learned counsel for the parties list on 2nd of June, 2025 in terms of previous order. In the meantime learned A.G.A. may seek instructions as to how much money has been paid to the victim since lodging of the First Information Report."

6. Learned A.G.A. on the basis of instruction does not deny submissions made by learned counsel for appellant but submits that he does not have any instruction with regard to re-payment of any compensation which was made to the alleged victim.

7. Upon consideration of submissions made by learned counsel for parties, perusal of material available on record and without commenting upon merits, it is evident that during the course of trial, the victim herself appearing as P.W.2 has not supported the prosecution version and has in fact turned hostile. Apparently the sole eye witness also has not supported the prosecution version while appearing as P.W3.

8. In view of the above, the order passed by the court below is liable to be set aside. Accordingly appeal is allowed and the order dated 11.11.2024 is set aside.

9. However trial court is directed to ensure compliance of directions issued by this Court vide order dated 29.05.2025 which has been extracted hereinabove to ensure recovery of compensation given to the victim during the course of trial.

10. Let appellant (Shivam Tripathi) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions which are being imposed in the interest of justice:- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witnesses. (iii) The appellant 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. (iv) The appellant 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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 2.6.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench