HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8893 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vyas Narayan Shukla, learned counsel for the applicant, Shri Amit Kumar Dwivedi, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.135 of 2025 under Sections 109, 115(2), 351(3) of B.N.S. registered at Police Station- Gauriganj, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.04.2025 against four persons, including the applicant, stating that the informant's brother had gone to attend some function where the accused persons started a dispute regarding parking of vehicles. After sometime, the informant's brother returned home and the accused persons also came there and attacked the informant's brother- Ishwar Chand and when some other persons tried to intervene, they were also beaten up. Another brother of the informant Sonu Kashyap is said to have been shot at by the applicant causing a gunshot injury on his leg. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The applicant's involvement in 21 other cases has been disclosed in para 17 of the affidavit filed in support of the bail application, in all of which he has been granted bail. 6. The injury report of Sonu Kashyap, who is said to have suffered gunshot injury, mentions a lacerated wound on his knee regarding which X-ray was advised but no X-ray examination has been conducted. Therefore, the allegation of causing a gunshot injury was not established by the medico-legal report. Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Sanjay Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 7. An FIR bearing No.136 of 2025 was lodged regarding the incident from the applicant's side against three persons, including the injured person- Ishwar Chand and Sonu alleging that those persons had assaulted persons from the applicant's side. Two persons from the applicant's side have suffered injuries in the incident. 8. Two co-accused persons Jai Prakash Kashyap and Manoj Yadav have already been granted bail and copies of their bail orders have been annexed with the affidavit filed in support of the bail application. 9. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge- sheet has been submitted on 19.07.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been lodged against four persons, two of whom have already been granted bail; although the role assigned to the applicant was firing a gunshot, this allegation could not be established by the medico-legal examination report; an FIR of the incident has been lodged from the applicant's side also and two persons from the applicant's side have received injuries in the incident and that the applicant is languishing in jail since 27.05.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 11. Accordingly, this bail application stands allowed. Let the applicant- Sanjay Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 17, 2025 -Amit K- BAIL No. 8893 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench