Neutral Citation No. - 2025:AHC:52159 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6109 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Yadav,Naveen Kumar Yadav Counsel for Opposite Party :- G.A.,Meraj Ahmad Khan Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Kamal Singh Yadav, learned counsel for the applicant, Sri Meraj Ahmad Khan, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Deepak seeking enlargement on bail during trial in connection with Case Crime No. 94 of 2024, under Sections 147, 148, 149, 302, 307, 201, 504, 506, 120-B I.P.C. and 3/25/27 Arms Act, Police Station Niwari, District Ghaziabad. 4. The vakalatnama of Sri Meraj Ahmad Khan, is not on record, despite the fact that his name is printed in the cause list. 5. Office to trace out the same and place it on record and make a note in the order sheet about it. 6. The first information report of the matter was lodged on 22.06.2024 by Bilal against the applicant and six other persons alleging therein that on 21.06.2024 at about 7:00 pm. Pappu his brother, Shahnawaj @ Raja his nephew and Chand were watering mango grove wherein the accused persons disconnected the water supply which was objected by them, on which, the accused persons on seeing people collected there threatened them and went away. Then on 21.06.2024, the accused persons at about 10:00 p.m. armed with weapons came and resorted to indiscriminate firing and murdered Pappu and Shahnawaj @ Rajas in which Chand received gun shot injuries and was seriously injured. On hearing scream and fire arm sound people of nearby came there and exhorted the accused, on which while flashing their weapons and abusing they went away. Chand in a serious condition has been admitted in hospital in Meerut, who is in critical condition. The report be lodged and action be taken. The scribe of the F.I.R. is Naresh Kumar in the present matter. 7. Pappu and Shahnawaj @ Raja are the two persons who have died. The post mortem examination of Pappu @ Sirajuddin goes to show that he has received four fire arm entry wounds and one abrasion and the cause of death was opined as shock and haemorrhage due to ante-mortem fire arm injuries. Further, Shahnawaj @ Raja as per his post mortem examination report, was found to have received two fire arm entry wounds and his cause of death was also opined as shock and haemorrhage due to ante-mortem fire arm injuries. Insofar as, Mohd. Chand is concerned, he was found to have received five fire arm entry wounds and two incised wounds. 8. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that common and general role has been assigned to the applicant and six other co-accused persons of firing in the first information report. It is submitted that the co-accused Deepak, Lovali and Asif have been granted bail by a common order dated 06.01.2025 passed in their respective bail applications in which Criminal Misc Bail Application No. 42143 of 2024 (Deepak Vs. State of U.P.) was the leading case. The copy of the order has been placed before the Court which is Annexure- 16 of the affidavit. It is further submitted that the case of the applicant is identical to that of the said three co-accused persons, who have been granted bail. It is further submitted that the applicant has no criminal history as stated in para 41 of the affidavit and is in jail since 23.06.2024. 9. Per contra, learned counsel for the State and learned counsel for the first informant vehemently opposed the prayer for bail and submitted that the applicant is named in the F.I.R. and has been assigned the role of firing upon the deceased along with other co-accused persons. It is submitted that Chand the injured in his statement recorded under Section 161 Cr.P.C. stated that the present applicant Deepak son of Sudhir and Mohit @ Badshah fired upon them as a result of which Shahnawaj @ Raja and Pappu received injuries and died. It is further submitted that as such the applicant has been specifically named as the shooter in the present matter. It is submitted that insofar as the co-accused persons who have been granted bail are concerned even paragraph 10 of the said order draws a distinction with regards to the role of the applicant and Mohit @ Badshah from them. It is further submitted that in the present matter, two persons died and one has received injuries. It is further submitted that the medical examination corroborates with the prosecution story. It is submitted that the prayer for bail be thus rejected. 10. After having heard the learned counsels for the parties and perusing the records, it is evident that the applicant is named in the first information report and has been assigned the role of firing upon the deceased and injured. The injured has specified the role of applicant. In the present matter, two persons have died and one has received serious injuries and is an injured eye witness. He has assigned specific role to the applicant. The order of the co-accused by which they have granted bail also draws distinction insofar as the case of the applicant is concerned. No ground for bail is made out. 11. Accordingly the present bail application is rejected. (Samit Gopal,J.) Order Date :- 9.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad