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Neutral Citation No. - 2025:AHC:113988 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46825 of 2024 Applicant :- Markendey Rai Alias Markendey Opposite Party :- State of U.P. Counsel for Applicant :- Dhananjai Rai,Vibhu Rai Counsel for Opposite Party :- G.A.,Pradeep Kumar Singh,Rakesh Kumar Tripathi Hon'ble Avnish Saxena,J.
Order on Criminal Misc. Amendment Application No.2 of 2025
1. Sri Vibhu Rai, learned counsel appears for the applicant submits that there is a correction of the date regarding arrest of the accused-applicant.
2. Amendment application is allowed.
3. Let necessary amendment be carried out in the Court.
Order on Bail Application
1. The present bail application has been moved by the applicant- accused Markendey Rai Alias Markendey for the offence punishable under Sections 191(2), 191(3), 190, 109 and 351(3) of B.N.S. and Section 30 of Arms Act, in Case Crime No.492 of 2024, Police Station- Ghosi, District-Mau. 2. Mr. Rai, learned advocate, appears on behalf of applicant and submits that the applicant has been incorrectly framed in the case by the informant. Nine persons have been named in the FIR, wherein 8 persons have been enlarged on bail whereas the accused-applicant being Pradhan was shown absconding and has surrendered on 30.10.2024 in the incident of 26.10.2024. The FIR shows indiscriminate firing by the accused-applicant through his licensed revolver, wherein two persons were injured. One of the injured suffered a gun shot injury on his chest and another on his neck. The motive behind the lodging of the FIR is stopping the construction of the house of the accused. The accused is framed due to political rivalry. False implication has been levelled on nine persons. It is further submitted that there is cross case. The FIR of
informant has been lodged but no FIR from the side of the accused-applicant has been lodged for which accused has resorted to file application under Section 173(4) and 175(3) of B.N.S.S. In that application, the specific role of 17 persons have been mentioned. There are injured from the side of the accused, as well. The date and time of incident is the same. 3. Sri P.K. Singh, learned Advocate appears for the informant and learned A.G.A. submits that the charge sheet has been submitted against the applicant. Out of three injured persons, two suffered gun shot injury. One of the injured suffered gun shot injury on vital part of his body. The role of firing indiscriminate shot is on the accused applicant. The life threatening injury is suffered by Anurag Rai. The fire arm wound of entry and exist is shown on the right side of the chest and right side of back, respectively. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. Perusal of the record prima facie reveals that the FIR has been lodged with specific mentioning of indiscriminate fire by accused Markendey Rai Alias Markendey. In the incident, two injured persons suffered fire arm wound. The charge sheet has been submitted.
The injury on the body of injured Anurag Rai as is shown from the medical report clarifies the entry and exist wound from the right side of the chest and back, which is vital part of the body. 6. Considering the role of accused-applicant, the bail application is rejected.
Order Date :- 15.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad