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2025 DAILYLAW 186356 (ALL)

NEERAJ SINGH @ BHOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO.

/1380/2024 · 2025-12-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1380 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Ramakar Shukla, learned Counsel for the complainant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.347 of 2023, under Section 302 IPC, Police Station Gosaiganj, District Sultanpur. 3. In terms of the FIR, allegations were levelled that the son of the informant was working as an electrician and on 20.08.2023, he was cone out of home and at about 9:30 AM, some unknown persons had killed him by causing firearm injury, which resulted in his death on the spot. Subsequently, on the basis of the investigation, the applicant was implicated with the offence in question. The statement of the eyewitness was recorded, wherein, he specifically stated that the applicant had opened the firearm on the forehead of the deceased which resulted in his death. 4. The contention of the Counsel for the applicant is that the role of carrying firearm was assigned to the applicant as well as to the co-accused Raja Singh, who has been enlarged on bail by this Court vide order dated 01.07.2024 passed in Criminal Misc. Bail Application No.6629 of 2024. It is further argued that the fact witnesses have already deposed. Versus Counsel for Applicant(s) : Shrikant Mishra, Abhinav Singh, Sudhir Singh 'Raghuvanshi' Counsel for Opposite Party(s) : G.A., Ramakar Shukla Neeraj Singh @ Bholu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. .....Opposite Party(s) 5. Learned A.G.A. vehemently opposed the bail prayer. 6. The testimony of PW-2, who is the eyewitness of the incident, has been recorded, who specifically reiterated the same version and has assigned the role of causing the firearm to the applicant, which resulted in the death. In the cross-examination. the witnesses could not be discredited rather he asserted the said version. 7. Considering the fact that the death was caused by firearm on the head in a close range and the fact that the incident had taken place at an open place and the allegations that the applicants was involved in illegal extraction of money and for which, the offence in question was alleged to have been committed, I am of the view that the applicant is not entitled to be released on bail. Accordingly, the bail application is rejected. 8. The trial court shall make an earnest endeavour to conclude the trial expeditiously. December 8, 2025 akverma BAIL No. 1380 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench