Neutral Citation No. - 2025:AHC:90802 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4912 of 2025 Applicant :- Abhishek Pandit @ Raghav Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been given by the accused applicant Abhishek Pandit @ Raghav Mishra in Case Crime No. 497 of 2024, under Sections 109(1), 351(2), 352, of B.N.S. and 3/25 of Arms Act, P.S.- Shahganj, District Agra. According to FIR version, an altercation took place between the informant and accused persons including present applicant on 25.11.2024 at 2:00 am and accused persons started abusing him when the informant objected to this, the applicant opened three fires by his country made pistol which hit in his leg; co-accused Shadab took out country made pistol at the time of incident. Learned counsel for the applicant has submitted that according to injury report, one 1x1 cm lacerated wound on back of right thigh 10 cm above knee was found; in x-ray report and injury report both, it was found a case of suspected firearm injury, inasmuch as the injuries are not found on the vital part of the body and cannot be said to be dangerous to life. He lastly submitted that the applicant has explained criminal history of four cases in paragraph-1 of the supplementary affidavit apart from one case under section 307 IPC in which he was made an accused during the period of his minority and other cases are not of serious nature and he has been enlarged on bail in all cases; copy of bail orders are filed as annexure-2 to the supplementary affidavit. He lastly submitted that the accused applicant has been falsely implicated in this case. The applicant is in jail since 28.11.2024. There is no possibility of his either fleeing away from the judicial process or tampering with the evidence. He undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial. Learned A.G.A. has vehemently opposed the prayer of bail and submitted that the applicant has criminal history and is a daring nature; there is probability that he may repeat the offence in case he is granted bail. However, he has not disputed the aforesaid facts. Having heard the submission of learned counsel of both sides, considering the fact of the case and without commenting on the merits of the case, I find it to be a fit case for bail. Let applicant be released on bail in aforesaid case crime on his 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 will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 27.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad