Neutral Citation No. - 2025:AHC:76896 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12899 of 2025 Applicant :- Satveer And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Yadav,Naman Navin Singh,Vimlendu Tripathi Counsel for Opposite Party :- G.A.,Vinod Kumar Tirpathi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vimlendu Tripathi, learned counsel for the applicants, Sri Vinod Kumar Tirpathi, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I and perused the material on record. 3. The Vakalatnama of Sri Vinod Kumar Tirpathi, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicants- Satveer and Jagga @ Jagveer, seeking enlargement on bail during trial in connection with Case Crime No. 252 of 2024, under Sections 191(2), 191(3), 190, 103(1) and 351 (3) B.N.S., Police Station Shergarh, District Mathura. 5. The first information report of the present matter was lodged on 23.08.2024 at 22:10 hours by Soran Singh against Krishna, Arun, Rambabu Pandit, Satveer (the applicant no.1), Jagga (the applicant no.2), Pradeep, Bharto, Pradhan Pappi Devi and one unknown guard alleging therein that on 23.08.2024 at about 3.30 pm a Panchayat was going on in Sitaram Bageechi, Chata Road comprising of people of the village in which one Jat boy had eloped with a lohar girl and had solemnized Court Marriage with her. In the Panchayat Amol @ Anmol was also present. Later on, the accused persons came in the Panchayat and started firing on his brother Amol @ Anmol due to which he received serious injuries and died on the spot. Pappi Devi, Pradhan had four days earlier threatened him of his life. The dead body of his brother is in the village. His report be lodged and action be taken. 6. The postmortem examination of the deceased Amol @ Anmol was conducted on 24.08.2024 and the doctors found the following injuries:- "1- FIREARM WOUND OF ENTEX 01CM X0.7CM BLACKNING PRESENT ON LT SHOULDER 08CM INNER TO JOINT MARGIN INVERTED 2- FIREARM WOUND OF EXIT 03CM X02CM BACK OF LT SHOULDER O5CM BEHIND INJURY NO.1, WOUND NO.1 AND 2 COMMUNICATE AS USED BY PROBE 3- FIREARM WOUND OF ENTRY 02CM X1.5CM ON RT THIGH 13CM ABOUT KNEE JOINT BLACKNING PRESENT MARGIN INVERTED 4- FIREARM WOUND OF EXIT 2.5CM X02CM ON RT THIGH OUTER PART 10CM FROM INJURY NO.3 WOUND NO 3 AND 4 COMMUNICATE FREELY AS DONE BY PROBE 5- FIREARM WOUND OF ENTRY 2.5CM X02CM ON RT THIGH UPPER PART BLACKNING PRESENT ONE YELLOW METALIC BULLET RECOVERED FROM DEEP INTRAMUSCULAR PLANE OF THIGH 6- FIREARM WOUND OF ENTRY 2.5CM X1.5CM ON LT SIDE OF CHEST 07CM BELOW AXILLA BLACKNING PRESENT 7- FIREARM WOUND OF EXIT 03CM X02CM ON BACK IN MIDLINE MARGIN EVERTED WOUND NO 6,7 COMMUNICATED WITH EACH OTER AS DONE BY FROBE 8- FIREARM WOUND OF ENTRY 0.5CM X0.5CM ON CHIN BLACKNING PRESENT MARGIN INVERTED 9- FIREARM WOUND OF EXIT 01CM X01CM ON LT SIDE NECK 06CM ABOVE CLAVICLE WOUND NO 8, 9 COMMUNICATE WITH EACH OTHER AS DONE BY PROBE 10- FIREARM WOUND OF ENTRY 1.5CM X01CM ONRT SIDE OF CHEST 05CM AWAY FROM NIPPLE ONE YELLOW METALIC BULLET RECOVERED RT SIDE OF LUNG." The left side ribs 04 to 05, right side ribs 3 & 4 were fractured, lungs were lacerated and the cause of death was opined as shock and haemorrhage as a result of fire arm injury. Two metallic bullets and one plastic cap was found by the doctor during postmortem examination. 7. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. It is submitted that general & omnibus allegations have been levelled against the 08 named and 01 unnamed accused person. It is submitted that while the investigation in the matter was going on the Investigating Officer recorded the statement of Jile son of Kishan Singh which is at page 16 of the supplementary affidavit dated 27.04.2025 who states that Krishna Pradhan came in the Panchayat and took out a pistol and fired from it and as such specific role of firing has been assigned on Krishna Pradhan. While placing paragraph 6 of the affidavit it is submitted that a 0.32 bore licensed pistol was recovered by the police on 24.08.2024 on the pointing out of Krishna. It is submitted that Krishna received gun shot injuries and was medically examined at S.N. Medical College & Hospital, Agra on 23.08.2024 wherein the doctor found two lacerated wounds and a red contusion on his body of which the lacerated wounds were kept under observation. It is submitted that a first information report was also lodged regarding the injuries being received by Krishna. The applicants have no criminal history as stated in para 33 and is in jail since 30.08.2024. 8. Per contra, learned counsel for the first informant vehemently opposed the prayer for bail and argued that the applicants are named in the first information report and have been assigned the role of firing upon the deceased along with other co-accused persons. It is submitted that the deceased was found to have received six gun shot wounds of entry of which there were four corresponding exit wounds. It is further submitted that there are 08 eye-witnesses as per the charge-sheet. It is submitted that Jile son of Kishan Singh is not arrayed as a witness in the charge- sheet. It is submitted that the present incident is a day light incident and had taken place when Panchayat was going on in the village. The eye-witnesses are natural witnesses. It is submitted that there is an enmity between the accused persons and the informant side due to which the present incident has taken place. It is submitted that the prayer for bail be rejected. 9. Learned counsel for the State also opposed the prayer for bail and submitted that as per the postmortem examination report 10 injuries were noted of the deceased of which 06 injuries are entry gun wounds and gun shot. It is submitted that there was a Panchayat going on and persons were present who were natural witnesses who have given their version and have supported the prosecution case and are eye- witnesses. The applicants have motive to commit the offence. It is submitted that there is no reason for false implication. The charge-sheet in the matter has been submitted against the applicants and other co-accused persons which also shows complicity of the said accused persons. 10. After having heard learned counsel for the parties and perusing the record, it is evident that the applicants are named in the first information report and have been assigned the role of firing upon the deceased. The deceased was found to have received six gun shot wounds of entry. The incident is a day light incident which was committed when Panchayat was going on in the village. The presence of witnesses is a natural consequence since Panchayat was going on in the village. The applicants have motive to commit the offence. No ground for bail is made out. 11. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 12. Pending application (s), if any, shall stand disposed of. Order Date :- 12.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad