HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9662 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Lalit Kishore Tiwari, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.77 of 2025, under Section 103(1), 352, 351(3), 3(5) of BNS & Section 27(1) of Arms Act, P.S. Hardi, District Bahraich. 3. The FIR in question was lodged alleging that on 04.04.2025 at about 6 PM, the accused who are three in number named in the FIR, on account of enmity emanating from elections, attacked the brother of the informant and on the exhortation of one Shivam Awasthi, co-accused Sachiv Awasthi who was carrying an illegal weapon in his hands caused firearm injury which resulted in firearm injury in the stomach of the brother of the informant. As regards the applicant, it was stated that the said applicant was also carrying firearm and he fired, however, the same did not hit the victim. It is stated that thereafter all the accused ran away. 4. In the light of the said, contention of learned counsel for the applicant is that no allegation of causing the firearm injury was attributed to the applicant. Even the postmortem report on record indicates the cause of death as firearm injury which is attributable to the fire allegedly caused by the co-accused Sachiv Awasthi. Versus Counsel for Applicant(s) : Aadarsh Mishra, Vashu Deo Mishra Counsel for Opposite Party(s) : G.A. Mritunjay Awasthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. My attention is also drawn to the statement of the informant which has already been recorded during trial in which similar allegation as levelled in the FIR were made. 6. As regards the criminal antecedent, submission of learned counsel for the applicant is that the applicant has one case against him which is under Section 147, 148, 149, 323, 506 IPC in which the applicant is on bail. It is stated that another case has been lodged under Section 3/25 of Arms Act emanating from the same incident. 7. Learned counsel for the informant argues that all the co-accused had come with an intent of killing the brother of the informant and although, the applicant fired and the same did not hit the deceased, however, the intent was clear and thus, the bail application should be rejected. 8. Learned AGA has opposed the bail application. 9. Considering the submissions made at the Bar, admittedly, as per the FIR and the statement of the informant, it was a firearm injury attributable to the co-accused Sachiv Awasthi that resulted in the death of the deceased. As regards the applicant, the FIR as well as the statement do not attribute the firearm injury at the instance of the applicant. In view thereof, the applicant who has no substantial criminal antecedent and is in custody since 10.04.2025 and there being nothing on record to demonstrate that the applicant, if enlarged on bail at this stage, can adversely affect the trial, is entitled to be enlarged on bail. In view thereof, the application is allowed. 10. Let the applicant Mritunjay Awasthi be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to BAIL No. 9662 of 2025 2 dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. However, trial Court concerned is directed to expedite the trial and conclude the same without giving any unnecessary adjournment. October 13, 2025 nishant BAIL No. 9662 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench