Neutral Citation No. - 2025:AHC:113697 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20693 of 2025 Applicant :- Suraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. for the State of U.P. 2-By means of this application applicant-Suraj Singh, who is involved in Case Crime No. 80 of 2025, under Sections 109, 352 B.N.S. and Sections 3/25/27 Arms Act, Police Station Jasrana, District Firozabad seeks enlargement on bail during the pendency of trial. 3-The prosecution case, in brief, is that the informant-Mohit Shakya, brother of the injured got a first information report lodged on 07.04.2025 against his father namely Suraj Singh for the offence under Sections 109 and 352 B.N.S. alleging inter-alia that in the night of 06.04.2025 at about 09:45, his father was quarrelling with his mother. When the elder brother of the informant, namely, Pushpendra Shakya tried to intervene, his father with an intention to kill him, has made a fire arm shot upon Pushpendra Shakya whereby he has received serious injuries. 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. He next submits that the injury, received to the injured-Pushpendra Shakya is simple in nature. It is next argued that the informant-Mohit Shakya as well as injured-Pushpendra Shakya have given their written affidavits dated 07.05.2025 alleging inter-alia that in the night of 06.04.2025, some quarrel took place between their father and mother, due to which a lot of people of their village gathered there and from the said mob, someone has made a fire shot upon Pushpendra Shakya, however, they (informant and injured) under the influence of the villagers got a first information report lodged against their father- Suraj Singh. 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 05.05.2025 and 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 in the F.I.R. as well as in the statement of the informant, there is a specific allegation against the present applicant of making a fire shot upon Pushpendra Shakya. The said allegation is corroborated from the injury report of the injured Pushpendra Shakya. It is further submitted that from the pointing out of the applicant, one .315 bore pistol and two live cartridges were also recovered. He further pointed out that alleged affidavit, which is said to have given by the informant-Mohit Shakya as well as injured injured-Pushpendra Shakya are not a part of case diary. Hence, the bail application is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that though the injury of injured is simple in nature but considering the relation between the accused- applicant and injured, who are father and son, allegation of causing fire arm injury by the a father (applicant) to his son is a rare case. The allegation is corroborated from the medical report of the injured which cannot be disbelieved at this stage. The weapon of crime has also been recovered from the possession of the applicant. There is no reference of alleged affidavit neither in the case diary nor in the bail rejection order of the trial Court. 7-In view of the above, 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. 8-Accordingly, the bail application stands rejected. 9-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 :- 15.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad