Neutral Citation No. - 2025:AHC:77396 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13783 of 2025 Applicant :- Ashu @ Akhilesh Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Birendra Singh Khokher, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 187 of 2024, under Sections 147, 148, 149, 307, 302 IPC 3/25/27 Arms Act, Police Station- Khekra, District- Baghpat, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with three others and as per allegation, due to fire opened by applicant and others, brother of the informant and one Susheel, who was passing the road, sustained injury but entire allegation levelled against the applicant is totally false. He further submitted that even informant of the case is not the eye-witness. 5. He further submitted that as per prosecution, due to fire opened by applicant and others, injured Susheel died and before his death his statement was recorded, which has been annexed along with the instant bail application, and from his statement, it reflects he could not recognize the assailants. 6. He further submitted that however, injured Rahul Yadav disclosed the name of the applicant but he also disclosed the names of as many as seven others, therefore, prima facie, it appears to be a case of over implication. 7. He further submitted that even post mortem report of the deceased suggests that he sustained single fire-arm injury. 8. He further submitted that however, injured Rahul Yadav sustained two fire-arm injuries but there is no evidence on record that fire opened by applicant either hit the deceased or to the injured. 9. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in the present matter, applicant is in jail since 14.08.2024. 10. Per contra, learned AGA opposed the prayer for bail and submitted that it is a case, in which, due to fire opened by applicant and others, one person died and one person sustained injury and injured Rahul Yadav categorically disclosed the name of the applicant and others and his injury report and post mortem report of the deceased also corroborate the version of prosecution and there is no reason to disbelieve the statement of injured Rahul Yadav at this stage, therefore, applicant should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. As per prosecution, due to fire opened by applicant and others, one person sustained injury and one person died and injured Rahul Yadav disclosed the name of the applicant along with others, however, it reflects, according to him, as many as eight persons opened fire and injured sustained only two fire-arm injuries and deceased sustained only single fire-arm injury, but merely on this ground, at this stage, statement of injured Rahul Yadav cannot be disbelieved. 13. Further, incident is broad-daylight incident. Further, apart from the present case, applicant is also having criminal history of one another case. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is 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 :- 12.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad