Neutral Citation No. - 2025:AHC:39686 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39603 of 2023 Applicant :- Kesh Kumar Kori @ Ramkesh Opposite Party :- State of U.P. Counsel for Applicant :- Kartikeya Shukla,Rajiv Kumar Tripathi Counsel for Opposite Party :- G.A.,Gaurang Dwivedi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajiv Kumar Tripathi, learned counsel for the applicant, Sri Gaurang Dwivedi, learned counsel for the first informant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Kesh Kumar Kori @ Ramkesh, seeking enlargement on bail during trial in connection with Case Crime No. 158 of 2021, under Section 302 IPC, registered at P.S. Ait, District- Jalaun. 4. A First Information Report of the matter was lodged on 24.8.2021 by Ram Babu against Kesh Kumar Kori @ Ramkesh (the present applicant), Pradeep and Sonu alleging therein that he along with his father Kishori Lal and his son Ashutosh were going to the fields to look after his crops wherein Kesh Kumar Kori@Ramkesh (the applicant), his brother Pradeep and Sonu armed with ballam and katta came there and assaulted his father due to which his father died on the spot. The incident is of 24.8.2021 at about 08.00 AM. The accused committed the incident due to old enmity. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant along with two other co-accused have been assigned common and general role of assault upon the deceased. It is submitted that the applicant is involved in some other cases in which the applicant is in jail, para-15 of the affidavit has been placed before the Court for the same. It is submitted that the applicant is in jail since 26.08.2021. 6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and submitted that the first informant/Ram Babu and his son Ashutosh have assigned the specific role of assault upon the deceased with firearm. It is submitted that medical examination of the deceased corroborates with the prosecution case wherein the doctor found four lacerated wound on the person of the deceased and multiple blackening mark was also present due to shot particles over left side of chest and over right upper thigh on anterior aspect and cause of death was opined as shock and haemorrhage due to firearm injury. It is submitted that the applicant is specifically alleged to be having committed the offence with country-made pistol. It is submitted that thus the prayer for bail be rejected. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant has been assigned the specific role of shooting upon the deceased. The medical examination corroborates with the prosecution story. 8. Looking into the facts and circumstances of the case as well as nature and gravity of the offence and particularly the specific role of shooting upon the deceased, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 19.3.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad