Neutral Citation No. - 2025:AHC:83069 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9968 of 2025 Applicant :- Ambuj Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra,Shri Prakash Dwivedi Counsel for Opposite Party :- Ashish Bajpayee,G.A.,Sudeep Dwivedi Hon'ble Sameer Jain,J. 1. Heard Sri Shriprakash Dwivedi and Sri Raghuvansh Misra, learned counsel for the applicant, Sri Ashish Bajpayee, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.213 of 2024, under Sections 103(2), 191(2), 191(3), 190, 131, 115(2), 109, 352, 3(5), 324(4) and 324(5) BNS,Section 7 Criminal Law Amendment Act and Section 3/5/25/27 Arms, Act, Police Station Kotwali Dehat, District Mirzapur during pendency of the trial. 3. Learned counsel for the applicant submits that however applicant is named in the FIR along with others and as per allegation due to the assault made by them three persons sustained injuries and one person died but entire allegation levelled against the applicant is totally false. 4. He further submits that even from the entire material available on record it could not be reflected that applicant caused any injury to the deceased. 5. He further submits that from the FIR and first statement of the injured person and informant it is crystal clear that the role of causing fire arm injuries to the deceased has been assigned to co- accused Trinayan Dubey. 6. He further submits that however, in the meantime, a false recovery of country made pistol was shown from the possession of the applicant and thereafter Investigating Officer recorded second statements of the witnesses and in the second statements they started making allegation that applicant also opened fire but even from their second statements it could not be reflected that due to the fire opened by applicant any one sustained any injury. 7. He next submits that after considering entire facts in detail co- accused Triyambak Narayan Dubey alias Deepu Dubey has been released on bail by this Court vide order dated 17.3.2025 passed in Criminal Misc.Bail Application No. 8823 of 2025 and considering the FIR and first statements of the witnesses including injured persons, the case of applicant is at par with him. 8. He further submits that however, alleged recovery of country made pistol from the possession of the applicant is totally false but even merely on the basis of said recovery, it cannot be said that applicant involved in the present crime as till date alleged recovered country made pistol could not be connected with the instant crime. 9. He further submits that applicant was not having any previous criminal history and in the present matter he is in jail since 03.10.2024, i.e.,for the last more than seven months. 10. Per contra, learned AGA as well as learned counsel for informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation due to assault made by applicant and others one person died and three persons sustained injuries but from the FIR and the first statements of the witnesses including statements of injured witnesses, it reflects that role of causing fire arm injuries to the deceased has been attributed to co-accused Trinayan. 13. Further, however, when second statements of the witnesses were recorded by Investigating Officer then they very casually stated that applicant also opened fire from his country made pistol but even from their second statements, it could not be reflected that he caused any injury either to the deceased or any injured. 14. Further, however, as per prosecution when applicant was arrested then from his possession one country made pistol was recovered but till date the alleged recovered country made pistol could not be connected with the instant crime. 15. Further, co-accused Triyambak Narayan Dubey alias Dubey has been released on bail by this Court and considering the FIR and the first statements of the witnesses the case of applicant is at par with him. 16. Further, applicant is not having previous criminal history and in the present matter he is in jail since 3.10.2024, i.e., for the last more than seven months. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view , applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Ambuj Dubey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 20. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 21. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad