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Neutral Citation No. - 2025:AHC:103973 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13605 of 2024 Applicant :- Dhruv Raj Opposite Party :- State of U.P. Counsel for Applicant :- Ajendra Kumar,Anil Kumar Bind,Ram Sanehi Yadav Counsel for Opposite Party :- G.A.,Pankaj Kumar Sharma,Roopesh Srivastava Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant-accused Dhruv Rai for the offence punishable under Sections 307, 323, 504, 506/34 IPC and Section 3/25/27 Arms Act in Case Crime No.516 of 2023 Police Station-Soron, District-Kasganj.
2. Mr.Ajendra Kumar, learned advocate, appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case wherein the informant is father of the accused-applicant and the dispute is in respect of property, as the accused is the son of first wife of the informant whereas injured Vishal is the son of second wife of informant. It is further submitted that the accused is in jail since 28th September, 2023. The charge-sheet has been submitted, but the informant came to the court for deposition only on 2nd April,
2025. The injury reported on the person of injured Vishal is not fatal, whereas the injury reported on the person of informant- father shows blackening though the role attributed on the applicant is of inflicting cane-blow on the head of the father, but the medical report shows blackening and supplementary report shows that no abnormality is deducted in X-Ray report. The co- accused Chandni has already been granted bail by co-ordinate Bench of this Court. It is further submitted that accused- applicant is facing trial and, therefore, his bail application is liable to be allowed.
3. Per contra, learned AGA and Mr.Roopesh Srivastava,
learned counsel for the informant have opposed the bail application and submitted that the injured Vishal suffered gun- shot injury on his abdomen, which is the vital part of the body and the intention of the accused-applicant is explicit of the fact, which indicates infliction of a gun-shot to kill him. It is further submitted that the charge-sheet has been submitted and the trial
is continuing. As such, the bail application of the accused- applicant is liable to be rejected
4. This Court has taken into consideration the rival submissions made by the parties and perused the record.
5. The record prima facie reveals that the victim Vishal suffered a firearm injury having size of entry wound of 3cm x 3cm into muscle deep situated in right lower abdomen, whereas the informant suffered a lacerated wound of 6cm x 0.8cm skin deep situated on the left side of mid-skull with irregular margin. Though the medical opinion shows the presence of blackening and advise X-Ray of skull, which shows in the supplementary medical report that no abnormality is deducted. The motive behind the occurrence is shown to be the land-dispute between the two siblings of different mother and same father. The charge-sheet has been submitted and the accused-applicant is facing trial.
6. Without touching the merit of the case, this bail application is allowed.
7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 3.7.2025 LN Tripathi (Avnish Saxena,J) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad