Neutral Citation No. - 2025:AHC:85051 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13322 of 2025 Applicant :- Shashi Shanker Singh @ Pikalu Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Upadhyay,Tribhuwan Narayan Upadhyay Counsel for Opposite Party :- Abhishek Giri,G.A.,Shweta Nishad Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Pradeep Kumar Upadhyay, learned counsel for the applicant; Sri Shaurya Sharma, Advocate holding brief of Sri Abhishek Giri, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 646 of 2024, under Sections 191(2), 191(3), 190, 103(1), 109, 326 (G) BNS & section 3/24 Arms Act, Police Station GIDA, District Gorakhpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 3.12.2024 against the applicant and four others and according the FIR applicant and other accused by causing fire arm injury to the deceased committed his murder. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR but it reflects that FIR of the present case is based on vague facts. 5. He further submitted that during investigation when the statements of the informant and injured witness were recorded then they stated that applicant was the person who by causing fire arm injury committed the murder of the deceased but this fact suggests that during investigation a new story with regard to the role of applicant has been developed by the witnesses. 6. He further submitted that it is a case in which from the side of the applicant also two persons sustained injuries and however, inspite of the best efforts FIR from the side of the applicant could not be lodged. 7. He further submitted that considering the allegation made in the FIR no reliance can be placed upon the statements of the witnesses recorded during investigation including the statement of the injured. 8. He further submitted that apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and he is in jail in the present matter since 4.12.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, only general role has been assigned to all the accused in the FIR but when the statements of the injured and other witnesses were recorded during investigation then they categorically stated that applicant was the person who caused fire arm injury to the deceased therefore, applicant is the principal accused. 10. They further submit, however, from the record, it reflects from the side of the applicant also two persons sustained injuries but they sustained simple injuries and even injuries sustained by mother of the applicant has been duly explained by injured of the case and therefore, considering the totality of the facts and circumstances of the case, applicant should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, it appears from the side of the applicant also two persons sustained injuries but injury sustained by one person from the side of the applicant has been explained by the prosecution. 13. Further, prima facie, applicant appears to be principal accused who by causing fire arm injury committed the murder of the deceased and there is one injured witness also and there is no reason for this Court to disbelieve her statement. 14. Therefore, considering the facts and circumstances of the case, in my view applicant is not entitled to be released on bail. 15. Accordingly, the instant bail application stands rejected. 16. 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 :- 20.5.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad