Neutral Citation No. - 2025:AHC:114916 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13438 of 2025 Applicant :- Alok Yadav Alias Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Suraj Dwivedi Counsel for Opposite Party :- G.A.,Jitendra Kumar Yadav Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-By means of this application under Section 439 of Cr.P.C., applicant-Alok Yadav Alias Sonu who is involved in Case Crime No. 69 of 2025, under sections 109, 352, 351(2) B.N.S. and Sections 3/25 (1B) 27 Arms Act, Police Station Dataganj, District Budaun seeks enlargement on bail during the pendency of trial. 3-As per prosecution case in brief, informant-Avanish Kumar, father of the injured, has lodged an F.I.R. on 22.02.2025 against Elkaar, Omendra, Chetrapal and Alok @ Sonu (applicant) for the offence under Sections 109, 352 and 351(2) B.N.S. alleging inter- alia that in the evening of 21.02.2025 when the roka ceremony of one Pradeep was going on, accused Alok @ Sonu along with his associates, namely, Elkaar and Omendra reached there. F.I.R. further alleges that Alok @ Sonu was armed with a pistol who, with an intention to kill, has made a fire shot upon Ajeet Pratap Singh whereby he has received injuries. Thereafter, all the four accused persons fled away from the place of incident. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. There is no credible evidence to link the applicant with the alleged crime. He next submits that there is no explanation with regard to delay in lodging the F.I.R. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history to his credit and is languishing in jail since 26.02.2025. In case the applicant is released on bail, he will not misuse the liberty of bail. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that the investigating officer, after culmination of investigation, submitted charge-sheet against the applicant. It is next submitted that the informant, in his statement, has supported the prosecution case and made specific allegation against the applicant of making a fire shot upon the injured. The said allegation is corroborated from the injury report of the injured, which reads as under :- "firearm injury over abdomen with entry and exit wound with oozing of blood" 6-Learned A.G.A. further submits that the injured- Ajeet Pratap Singh, in his statement, has also made specific allegation against the applicant alleging inter-alia that the applicant has fired at him. It is further pointed out that from the pointing out of the applicant, .315 bore pistol was also recovered. On the strength of said submissions, it prayed that considering the gravity of the offence, bail application of the applicant is liable to be rejected. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned A.G.A. that the injured, in his statement, has made specific allegation against the applicant for causing fire arm injury. As per medical examination report, a gun shot injury was found on the body of the injured. The prosecution case is corroborated from the medical report of the injured. The investigating officer has also recovered the alleged weapon used in crime from the possession of the applicant. 8-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injury and severity of punishment, I do not find any good ground to release the applicant on bail. 9-Accordingly, the bail application is rejected. 10-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 16.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad