Neutral Citation No. - 2025:AHC:6759 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37861 of 2024 Applicant :- Shivansh Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Pranshu Gupta Hon'ble Ashutosh Srivastava,J. Heard Shri V.P.Srivastava, learned Senior Counsel, assisted by Shri Kamlesh Kumar Dwivedi, learned counsel for the applicant and Shri Pranshu Gupta, learned counsel for the first informant and Shri Roshan Kumar Singh, learned A.G.A. representing the State respondents and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Shivansh, seeking enlargement on bail in Case Crime No. 198 of 2024, under Sections 191 (2), 191 (3), 190, 109, 115 (2), 118 (1), 352, 351 (2), 351 (3), of B.N.S. and 9/25 of Arms Act, Police Station-Kharkhauda, District-Meerut. Learned Senior counsel for the applicant submits that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 08.08.2024. The allegations made in the First Information Report are false and fabricated. Learned counsel for the applicant further submits that in the First Information Report it has been alleged that the applicant has caused fire arm injury on the chest and leg of injured Vaibhav and all the accused persons have assaulted the elder son of the first informant namely Ankush due to which he became unconscious. He further submits that the applicant Vaibhav Tyagi and Ankush were hospitalized on 04.08.2024 at about 12.11 p.m. in Sardar Ballabh Bhai Patel Hospital Meerut and both of them were discharged on 08.08.2024 at about 9.30 p.m. which itself shows that the injuries sustained by the injured were not grievous in nature and therefore no offence under Section 109 B.N.S. is made out against the applicant. He further submits that there is no fire arm injury on the leg of injured Vaibhav. He further submits that Dr. Akhilesh Singh, who has conducted the medical examination of injured Vaibhav Tyagi and Ankush Tyagi clarified that except the injury no. 1 of Vaibhav Tyagi all injuries sustained by both the injured are simple in nature. Co-accused Rajesh Tyagi, Mohit and Rahul have been granted Anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 8651 of 2024, and bail in criminal Misc. Bail Application Nos. 35371 of 2024, 35566 of 2024, by Coordinate Bench of this Court, vide orders dated 23.09.2024, 01.10.2024 and 03.10.2024, respectively. Learned senior counsel further submits that the applicant is an student of B.Pharma-III Semester in Sri Venkateshwar University, Gajraula, Amroa. Criminal history of the applicant of one case has been explained in paragraph no. 4 of the Supplementary affidavit dated 16.10.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Shri Pranshu Gupta, learned counsel for the first informant as well as learned AGA have vehemently opposed the bail application. In the counter affidavit filed by the State it has been mentioned that the role of causing the fire arm shot injury to the injured Vaibhav has been assigned to the applicant. In the First Information Report and statement of injured it has been specifically averred that the applicant has caused fire arm shot injury on the chest and he has given other fire arm shot also. In the supplementary medical report of injured Vaibhav Tyagi it has been mentioned that the injury no. 1 is grievous in nature. Dr. Akhilesh Singh, who has conducted the medical examination of injured Vaibhav Tyagi and Ankush Tyagi, in his statement has specifically said that the injury no. 1 sustained by the injured Vaibhav Tyagi was grievous in nature and it was dangerous to life. They further submits that the bail application of the applicant is liable to be rejected. Considering the aforesaid facts, circumstances, statements of the injured, and heinousness of offence of inflicting fire arm shot on the chest of the injured Vaibhav with a clear intention to kill him, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail. Accordingly, this Bail Application stands rejected. Order Date :- 15.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad