Neutral Citation No. - 2025:AHC:109131 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26929 of 2023 Applicant :- Dhanpal Alias Munna Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Gupta,Krishna Kumar Sharma,Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- Devi Prasad Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sandeep Kumar Pandey, learned Advocate holding the brief of Sri Krishna Kumar Sharma, learned counsel for applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.151 of 2021, under Sections 302, 504, 506, 120B, 34 IPC, Police Station-Chhaprauli, District-Baghpat with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant along with co-accused, namely, Chhotu, Shiva and Sonu is stated to had entered into a conspiracy and called the son of the informant outside his house on the road and whereby the co-accused persons Chhotu and Shiva are stated to have caught hold the son of the informant and the applicant is stated to have shot at the head of the deceased causing his death on 28.4.2021 at about 7:00 p.m. 5. Learned counsel for the applicant has argued that the FIR is delayed by about four hours and there is no explanation of the said delay caused. Learned counsel for the applicant has further submitted that the applicant has been falsely implicated in the case subsequently on the basis of information of a squealer. The version has been changed and even the motive has been changed. Learned counsel has stated that subsequently, the main role of shooting the deceased person has been assigned to unnamed person Akshay @ Montu. The said co-accused person subsequently has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 18.5.2022 passed in Criminal Misc.Bail Application No.13585 of 2022. Subsequent to it, the supplementary statement of the informant was recorded and he has also changed the version of the FIR and has nominated the said co-accused person Akshay @ Montu. As such, the applicant is entitled for bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant is the main accused person as per the FIR and same version has been reiterated by the informant and the eye-witnesses during their statements recorded in the court as PW-1 and PW-2 respectively. Supplementary statement of the informant recorded by the Investigating Officer cannot be taken into consideration as the said exercise was done by the I.O. in collusion with applicant. 7. After hearing learned counsel for the parties and taking into consideration the fact that applicant was named in the FIR and he is the main accused person, who had caused the said firearm injury to the deceased person and the said version has been reiterated by the prosecution witnesses during trial, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 10. 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 :- 9.7.2025 LN Tripathi (Justice Krishan Pahal) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad