Neutral Citation No. - 2025:AHC:63728 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5499 of 2025 Applicant :- Vijay Pal Opposite Party :- State of U.P. Counsel for Applicant :- Amber Khanna,Raj Kumar Khanna,Sandal Khanna Counsel for Opposite Party :- G.A.,Shreesh Srivastava Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Raj Kumar Khanna, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records. Sri Shreesh Srivastava, learned counsel for the first informant is not present even when the matter is taken in the revised list and despite his name being printed in the cause-list. 3. The Vakalatnama of Sri Shreesh Srivastava, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a noted in the order-sheet about it. 4. Counter affidavit on behalf of the State and rejoinder affidavit to the same are already on record. 5. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Vijay Pal, seeking enlargement on bail during trial in connection with Case Crime No. 301 of 2023 (S.T. No. 5618 of 2023), under Sections 147, 148, 149, 302 I.P.C. and Section 7 of the Criminal Law Amendment Act & Section 25/27 of Arms Act, Police Station Junawai, District Sambhal. 6. The first information report of the present matter was lodged on 28.08.2023 by Kranti naming the applicant and 04 other persons along with two unknown persons with the allegation that on 28.08.2023 at about 2 am his brother was sleeping in the enclosure under a tree wherein the accused persons armed with lathi, danda and guns came there and shot his brother Pratap while he was sleeping. Smt. Tohfa Devi wife of Pratap was sleeping at some distance who on hearing sound of fire shots woke up and shouted on which the accused persons ran away but while running they identified the accused persons. After about 4-5 months they heard fire shots and they ran there and found that about 60 meters away from the house Umesh his nephew was sleeping who was shot by the accused persons. The ambulance was called and they were taken to the hospital where the doctors declared his brother Pratap to be dead and referred his nephew Umesh to Aligarh. Umesh was shot by the accused persons in front of Laltesh. About 21/2 years ago his nephew Nekpal enticed away sister of Hari Om and they had performed Court marriage and since then the family of Hari Om were having enmity with them and have committed the incident. 7. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the first information report has been lodged levelling general & omnibus allegations. It is submitted that no specific allegation has been levelled against the applicant. It is submitted that the present incident is a night incident which is alleged to have taken place at about 2 am of which the first information report was lodged at 3.35 am wherein the distance between the place of occurrence and police station was 14 kilometers and thus the first information report appears to be a too prompt report. It is submitted that the medical evidence does not corroborate with the prosecution story. The deceased Pratap was found to have received a firearm wound of entry, a lacerated wound, two multiple punctured wounds and an abrasion amongst which the firearm wound was of 04 x 03 cm dimension but a metallic piece of 0.5 cm x 0.3 cm was recovered from the brain which does not in any manner corroborate with the dimension of the injury received. The applicant is in jail since 04.10.2023. 8. Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is named in the first information report. In the present case two persons have died. It is submitted that Pratap Singh died on the spot whereas Umesh died later on who was also found to have received gun-shot injuries. It is submitted that there are three eye-witnesses in the present matter who have disclosed about the participation of the applicant. It is submitted that a country-made pistol has been recovered on the pointing out of the applicant. It is further submitted that trial in the present matter has started in which four witnesses have been examined. It is submitted that the prayer for bail be rejected. 9. After having heard learned counsel for the parties and perusing the record, it is evident that in the present matter two persons have lost their lives. The applicant is named in the first information report and even in statements of the three eye- witnesses. He has been assigned the role of assault on the deceased persons. There is recovery of a country-made pistol on the pointing out of the applicant. The trial in the matter has started and four witnesses have been examined as such the release of the applicant at this stage may have an adverse effect in the trial. 10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 25.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad