Neutral Citation No. - 2025:AHC:61947 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13255 of 2025 Applicant :- Sachin @ Sachcho Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Chandan Singh the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Sachin @ Sachcho has filed the instant bail application with a prayer to enlarge him on bail in Crime No.712 of 2024, under Sections 191(2), 191(3), 190, 115(2), 109, 351(3), 352 B.N.S., Police Station Sadar Bazar, District Agra, during the pendency of the trial. 3. The prosecution story in brief is that the informant's brother and father runs a restaurant adjacent to the Idgah. On 19.12.2024 the informant's father after closing the restaurant were getting ready to return, in the meantime at about 02:30 hours, on XUV700 car bearing registration no. UP85CK9113 some boys came and demanded food upon which they stated that the restaurant is closed upon which, they became annoyed and one of the accused came out and fired upon the Jitendra alias Jeetu, the informant's brother which hit upon his back and side. 4. Learned counsel for the applicant submits that the incident is alleged to occurred at about 02:30 P.M. on 19.12.2024 whereas the F.I.R. has been lodged at about 06:01 on 19.12.2024 without there being any plausible explanation of such an inordinate delay. He further submits that the applicant was not named in the F.I.R. and his name surfaced in the confessional statement of Bablu Jaat. He further submits that no specific role of firing has been assigned to any of the accused person and merely on the dispute of serving food, firing would take place cannot be believed by a man of ordinary prudence. He further submits that the applicant is innocent and has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 06.01.2025. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.Criminal history of the applicant has also been pointed out. 6. Perusal of the record shows that at the time of closure of the restaurant, the accused persons including the applicant came to the restaurant and demanded food since the restaurant was almost on the verge of closure and food items were exhausted, on resistance by the injured, the accused persons fired upon the injured, who sustained as many as two injuries one on the chest and another on the back side in which blackening and tattooing were also found. Apart from the aforesaid, the applicant has criminal history of two cases including the instant case, in which bail has been sought and therefore, this Court is of the opinion that no good ground is made out for enlarging the applicant on bail. 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, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application of the applicant-Sachin @ Sachcho stands rejected. Order Date :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad