Neutral Citation No. - 2025:AHC:7157 Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47109 of 2024 Applicant :- Krishna Chandra Agrahari Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- Krishna Chandra Agrahari has filed this application under Section 439 Code of Criminal Procedure for grant of regular bail, during the pendency of trial in Case Crime No.222 of 2024, under Sections 504, 506, 307, 120-B I.P.C., Police Station- Mahuli, District- Sant Kabir Nagar. The applicant is in custody in this case since his arrest on 14.08.2024. Learned counsel submits that the complainant has falsely implicated the applicant in the above mentioned case and the co- accused of the applicant, namely, Shiv Prakash Agrahari and Kailash Agrahari have already been released on regular bail. Learned counsel has further argued that the two injured persons, namely, Dheeraj and Chotey Lal, who allegedly suffered injuries in the alleged occurrence were discharged from the hospital on 23rd May, 2024. According to the learned counsel, the investigation in the case is complete, therefore, further detention of the applicant may not be necessary, as the trial is likely to consume considerable time to conclude. He prays for bail. Learned State Counsel has opposed the prayer, who has argued that the applicant was armed with a firearm weapon and he along with co- accused, namely, Kaushal caused firearm injuries to Dheeraj and Chotey Lal. Learned counsel has further argued that the offence is serious, therefore, applicant does not deserve the concession of regular bail. He prays that the application be dismissed. After hearing the learned counsel for the parties and considering their submissions, this Court finds that the complainant and the accused persons are neighbours and according to the prosecution on 21.05.2024 when complainant was cleaning his house, some dust travelled through air to the house of the accused, and annoyed with it, he along with his brother Kaushal fired at the injured persons resulting in injuries to both of them. The case of the co- accused Shiv Prakash Agrahari and Kailash Agrahari is distinguishable from the applicant as they have only been attributed the role of exhortation, whereas the applicant had fired at the victims. As per the medical evidence collected during investigation the injured were admitted in B.R.D. Medical College, Gorakhpur where they were operated upon. Thus considering the seriousness of the offence and the fact that the material witnesses have not yet been examined, this Court is not inclined to extend the concession of regular bail to the applicant. Resultantly, without meaning any expression of opinion on the merits of the case, this application is hereby dismissed. Order Date :- 16.1.2025/Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad