Neutral Citation No. - 2025:AHC:56236 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4490 of 2025 Applicant :- Golu Alias Yaman Alias Deepanshu Gurjar Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application has been filed under Section 483 of the BNSS, 2023 seeking regular bail in Case Crime No.188 of 2024, for the offence punishable under sections 191(2), 191(3), 190, 333, 109(1) of B.N.S., Police Station Jansath, District Muzaffarnagar, during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. It is further submitted applicant was not named in the FIR and his name has come in the statement of co-accused Golu son of Leele. He further submitted that applicant has no previous criminal history except the present case and he is languishing in jail since 02.12.2024, more than 4 months. It is also submitted that as per the allegations made in the FIR six named and one unknown persons are alleged to have caused fire arm injury to the husband of the informant and one Pinku. As per the medical reports of two injured persons, the injured Pinku received single injury and other injured also received single injury, which is not on the vital part of the body. In the statements of two injured persons the applicant has not assigned any role and the role of fire arm injury was assigned to the co-accused Golu son of Leele. It is further submitted by counsel for the applicant that Golu son of Leele has already enlarged on bail by order dated 11.12.2024 by the co-ordinate Bench of this Court. The bail order is appended as Annexure No.5 of the paper book. It is also submitted after completing the investigation the police submitted charge-sheet No.209 of 2024 on 26.10.2024 and later on supplementary charge sheet No.209-A of 2024 was submitted by the police on 05.12.2024. 3. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 4. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and submitted that applicant was present at the time of incident, as mentioned in the FIR, with six named accused and one unknown person is the present applicant. However, has not contradicted the facts that there are no specific role assigned to the present applicant in the statements of the injured persons and the main accused Golu son of Leele, who has assigned the role of fire arm injury has already enlarged on bail. 5. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused the record. 7. I have perused the statements of two injured persons and in their statements there are no specific allegation or role assigned to the present applicant and the main accused Golu @ Hiyaman son of Leele, who has assigned the role of fire arm injury has already enlarged on bail. The applicant has no previous criminal history except the present case and he is languishing in jail since 02.12.2024, more than 4 months. 8. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant Golu Alias Yaman Alias Deepanshu Gurjar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.4.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad