Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73567 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15174 of 2025 Applicant :- Guddu Alias Hafeez Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.,Sanju Singh Hon'ble Dr. Gautam Chowdhary,J.
1. List revised. None appears on behalf of informant. 2. Heard Shri Dharmendra Pratap Singh, learned counsel for the applicant, Shri Rajendra Singh, learned A.G.A. for the State and perused the record. 3. By means of the instant bail application, the applicant, Guddu Alias Hafeez Ahmad, seeks bail in Case Crime No. 224 of 2024, under Sections 115(2), 352, 351(2), 109(1), 3(5) of B.N.S., Police Station Pipri, District Kaushambi. 4. The F.I.R. was lodged against six named accused including the applicant and against three unknown persons. The allegation made in the F.I.R. is that on the date of occurrence all the accused persons came at the petrol pump of the informant and started hurling abuse and assaulting the informant and other persons, then two persons fired gunshots on account of which brother and mother of the informant sustained gunshot injuries. 5. Learned counsel for the applicant submits that general allegation has been made against all the accused and no specific role has been assigned to the applicant either in the F.I.R. or in the statement of informant. There are material contradictions in the statements of witnesses. The applicant has falsely been implicated in the present case. All the witnesses are interested persons. No recovery of any incriminating article has been made from the pointing out of the applicant. The applicant is languishing in jail since 24.11.2024, with no criminal history. 6. Learned A.G.A. for the State has vehemently opposed the bail prayer by contending that in the occurrence two persons sustained gunshot injuries. Though first injured, who is the mother of
informant, has made general allegations against all the accused persons and no specific role has been assigned to the applicant by her, but second injured, who is the brother of the informant has assigned the specific role of firing gunshot injuries to the applicant. The brother of informant sustained gunshot injuries in his abdomen which is vital apart, therefore, the applicant does not deserve any indulgence. 7.
Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact specific role of causing gunshot injuries to two injured persons is assigned to the applicant, therefore, the present bail deserves to be rejected. 8. Accordingly, the bail application of applicant-Guddu Alias Hafeez Ahmad, is rejected. Order Date :- 7.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad