Neutral Citation No. - 2025:AHC:3407 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41124 of 2024 Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Bishram Tiwari,Ram Sharan Giri Counsel for Opposite Party :- Akash Singh Chauhan,Amit Singh,G.A.,Narendara Mohan,Prashant Kumar Singh Hon'ble Ashutosh Srivastava,J. Counter affidavit filed by learned counsel for the first informant and rejoinder affidavit filed by learned counsel for the applicant are taken on record. Heard Shri Bishram Tiwari, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State-respondents, Shri Prashant Kumar Singh, learned counsel for the first informant and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ashish, seeking enlargement on bail in Case Crime No. 191 of 2023, under Sections 307 and 506 of the Indian Penal Code, Police Station Pailani, District Banda. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.9.2024. Learned counsel for the applicant submits that injured was Ex- Block Pramukh and is a resident of the village of the applicant. In the FIR, it is alleged that injured suffered firearm injury through Revolver whereas in the statement recorded under Section 164 Cr.P.C., injured stated that applicant has fired upon him through Gun. Further, in the Duplicate Goods Test Report annexed at Page 41 injured had said that applicant had caused firearm injury from Pistol. Learned counsel for the applicant submits that injured has continuously changed his version. Learned counsel for the applicant submits that injuries suffered by the injured are on the non vital part of the body. Further in that very report, it is alleged that when the injured was sitting in the car, he pressed the right hand of the applicant, which had the pistol, with his left hand. In this regard, learned counsel for the applicant submits that sitting in the vehicle, it is not possible to press the right hand of the applicant from left hand. Learned counsel for the applicant submits that report of Forensic Science Laboratory also does not corroborate the prosecution version. In the Forensic Science Laboratory report, it is reported that "the shape of hole H-1 present on the piece of the pant is not like the fire of a fire arm and remains of firing has also not been detected on it. All these leads to the conclusion that the incident is manipulated." Learned counsel for the applicant submits that a false story has been developed by the injured just to exert the money from the applicant. He has no criminal antecedent 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. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Learned AGA submits that main role of causing fire arm injury has been assigned to the applicant and he is the author of the incident. Learned counsel for the first informant submits that Phool Chand, father of applicant had borrowed an amount of Rs.2 crore from the injured and one day prior the incident, applicant had threatened the injured with dire consequences. When the injured asked from Phool Chand to repay the aforesaid amount, applicant had fired upon the injured. The motive behind the occurrence is very well established. The applicant remained absconded from the investigation for the last more than one year. The incident is of dated 12.8.2023 and applicant surrendered and put behind the bar on 23.9.2024. Learned counsel for the first informant submits that first informant was a rusting villagers, therefore, he could not ascertain the weapon of offence, but he received fire arm injury at the hands of the applicant, who is a main culprit. Learned counsel for the first informant submits that majid bayan of the victim clearly indicates that applicant has assaulted the injured by firearms. The alleged FSL report was prepared with the delay of 08 months under the pressure of deponent, who was a part of District Administration of Banda. Further, it is submitted that medical report of the victim clearly indicates that blackening and tattooing were present over the wound. The discharge slip of injured clearly shows that two foreign body was recovered from the wound. Hence, the applicant does not deserves to concession of bail and his bail application be rejected at the threshold. Considering all above facts and circumstances, report of Forensic Science Laboratory, changing the weapon of offence in the statements, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ashish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad