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2025 DAILYLAW 14191 (ALL)

RAVINDRA @ LALA v. STATE OF U.P.

BAIL/4287/2025 · 2025-07-08

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108961 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4287 of 2025 Applicant :- Ravindra @ Lala Opposite Party :- State of U.P. Counsel for Applicant :- Alok Tiwari Counsel for Opposite Party :- G.A.,Kamal Singh Yadav Hon'ble Avnish Saxena,J. 1. Sri Alok Tiwari, learned counsel for the applicant has filed counter affidavit today. The same is taken on record. 2. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.345 of 2024 for offence under Sections 109(1), 352, 351(3), 3(5) B.N.S. and Sections 3/25/27 of Arms Act, P.S. Web City, District Ghaziabad. 3. Sri Tiwari submits that the accused-applicant has been falsely implicated in the case wherein the F.I.R. has been lodged with the delay against the accused and his brother, the main role of incriminating shot fire has been attributed on the accused applicant that he has taken out a countrymade pistol from his car bearing no.UP14FQ6721 and fired at Sunil, which injured him on the right upper side chest. It is further stated that the accused has been falsely implicated merely because of the village party politics. The informant, his father and the injured were having criminal history, though the accused applicant does not have any criminal antecedents. There is no motive assigned for the offence. The charge sheet is submitted. The accused applicant is languishing in jail since October, 2024, though the co-accused has already been granted bail from the court below. It is further submitted that the bullet recovered from the body has nowhere been sent for FSL examination to corroborate that the bullet is ejected from the same weapon which has allegedly been seized from the accused. It is next submitted that there is a time lack about the incident in the F.I.R. and in the medical report. 4. Per contra, Sri K.S. Yadav, learned advocate appears for the informant as well as learned A.G.A. have opposed the bail application and submitted that the accused applicant is having main role in the case. The injured himself has named the accused, who has a direct role in the matter. There is no motive required to be provided in the F.I.R. The injury on the person of injured is on the vital part. The charge sheet is submitted against the accused. The bail application of the accused shall be rejected. 5. This Court has taken into consideration the rival submission made by the parties. 6. The record prima facie reveal that the F.I.R. of the incident has been registered on the same date. The time of firing incremental shot is shown in the F.I.R. as 11:15 a.m. In the medico legal report, the time of injury is reported at 10:30 a.m. There is a recovery of bullet is shown in the discharge summary, the same has not been sent for Forensic examination. The statements of injured and other witnesses have already been recorded and the charge sheet has been submitted. The accused is languishing in jail, who has raised a defence of false incrimination due to village party politics. 7. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 9.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad