Neutral Citation No. - 2025:AHC:141593 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3455 of 2024 Applicant :- Gautam @ Tota Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra,Ravi Prakash Mishra,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Heard Shri Ashish Mishra, learned counsel for the applicant and learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused- applicant, Gautam @ Tota seeking enlargement on bail in Case Crime No.204 of 2023, under Sections 307, 452, 506 I.P.C. and Section 3/25/27 Arms Act, Police Station- Titavi, District- Muzaffarnagar. 3. Learned 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 26.07.2023. He further submits that police submitted charge-sheet without proper investigating the case. He further submits that the F.I.R. lodged on next day and no reason stated about the delay of one day, while the medical injury report made on same day. 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. 4. Learned A.G.A. has vehemently opposed the submission of learned counsel for the applicant and submits that the accused- applicant Gautam @ Tota is named in the First Information Report. He further submits that victim specifically stated that the accused applicant has caused injury with fire-arm in her stomach. He further submits that as per the medical report, the injured sustained the injury on the vital part of the body and the injured has specifically assigned in his statement under Section 161 Cr.P.C., regarding the role and involvement of the accused applicant in committing the offence. 5. In the First Information Report sole applicant, namely, Gautam @ Tota is named. Accused applicant Gautam @ Tota has been clearly assigned the main role and involvement in committing the offence in the FIR. Accused applicant fired on the injured with country made pistol (tamancha). The tamancha was recovered on the pointing out of the applicant. The injured stated in his statements under Section 161 and 164 Cr.P.C. before Investigating Officer that the accused applicant has caused firearm injury to her stomach. The injured sustained grievous injury on the vital part of the body by firearm. As per the medical report, the nature of injury is that; "1. L.W. size 1 cm. x 0.8 cm. deep.. not probed on left side of abdomen 5 cm. above from .. at about 2 O'clock position. Margins are in .. Blackening and Tattooing are no present fresh bleeding present. Injury KUO and advised X- Ray. 2. L.W. size 0.6 cm. x 0.5 cm. depth is not probed on left side back.. 2 cm. from mid length and 13 cm. above and medial left ... margins are. Fresh bleeding present. KUO and advised X-Ray. Opinion Injury nos.1 and 2 are KUO and advised X-Ray.....................................2. Fracture of the L3 verticle......................" 6. The medical report corroborates the statement of the injured which has been recorded by the I.O. during the course of investigation and FIR. 7. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground to grant bail to the applicant in the aforesaid case, at this stage. 8. The bail application is, accordingly, rejected. 9. However, trial court is directed to expedite the trial of the aforesaid case. Order Date :- 19.8.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad