Neutral Citation No. - 2025:AHC:123409 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42991 of 2024 Applicant :- Abhinav @ Bhoore Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Farooq,Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Mohd. Farooq, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 19 of 2024, under Sections 323, 307, 504, 506, 34 IPC & 9(1)A(1)/25(2)/27 Arms Act, Police Station- Mawana, District- Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 09.05.2024 but he is pressing the instant second bail application on the ground that applicant is facing trial for the offence under Section 307 IPC and in the present matter, he is in jail since 20.01.2024 i.e. for last more than one and half years but till date, trial of the case could not be concluded and till date, out of 23 witnesses of the charge sheet, only one witness could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 5. He further submitted that as far as merit of the present case is concerned, however, as per allegation, due to fire opened by applicant and others, three persons sustained fire-arm injury but from the statements of injured persons recorded during investigation, it is apparent that as per them, applicant caused injury to injured Ritik and he sustained injury on his sholder and his injury report suggests that he sustained simple injury. 6. He further submitted that applicant is not having any criminal history. 7. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute the other argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit but it reflects, applicant is in jail in the present matter since 20.01.2024 i.e. for last more than one and half years and till date, out of 23 witnesses of the charge sheet, only one witness could be examined, therefore, there is no hope of early disposal of trial. Further, from the order sheet of the case, which has been annexed along with supplementary affidavit filed in support of the instant bail application, it could not be reflected that applicant is responsible for delay in trial. 10. Further, as far as merit of the present case is concerned, however, as per allegation, applicant and three others opened fire due to which three persons sustained fire-arm injury but when the statements of the injured persons were recorded then it was revealed that applicant caused injured to injured Ritik and from his medical report, it reflects, he sustained injury on his sholder and his injury was found simple in nature. 11. Further, applicant is not having any criminal history. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Abhinav @ Bhoore 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. 15. 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. 16. 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. Order Date :- 25.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad