Neutral Citation No. - 2025:AHC:103669 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19755 of 2025 Applicant :- Shani Singh Alias Sangram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar,Harish Chandra Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this application under Section 483 BNSS, applicant Shani Singh Alias Sangram Singh, who is involved in Case Crime No. 99 of 2025, under Section 109, 352 BNS and Section 3/25 Arms Act, police station Lalauli, district Fatehpur seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is mother of the injured, lodged a first information report against the applicant and two unknown persons on 25.03.2025 under Sections 109, 352 BNS alleging inter alia that in the intervening night of 24/25.03.2025, her son Abhishek Singh aged about 22 years went to village Muttaur to see Ramleela. After seeing Ramleela, when her son reached near the brick-kiln situated at Muttaur, the applicant started quarreling with him due to old enmity and abused him. When her son forbidden the applicant, he fired from the country-made pistol, which hit his left thigh. It is contended by learned counsel for the applicant that the applicant has been falsely implicated in this case due to village rivalry. Incident took place in the intervening night of 24/25.03.2025 but F.I.R. was lodged on 25.03.2025 at about 07:38 PM whereas police station is situated at a distance of 12 kms., as such, there is delay of 19 hours in lodging the F.I.R. The applicant does not have any criminal history to his credit. The incident has not taken place in the manner as alleged by the prosecution. Lastly, it is submitted by learned counsel for the applicant that the applicant is languishing in jail since 27.03.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail. 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 injured, there is direct allegation of firing gun shot at injured, which is corroborated from the injury report. Motive has also been assigned to the applicant. Hence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the statement of the injured was recorded by the Investigating Officer, in which he has supported the prosecution case making specific allegation against the applicant that he shot him. The prosecution case is corroborated from the medical report of injured Abhishek Singh, wherein gun shot wound on his left thigh was found. Eye witnesses, namely, Shivakant, Umakant and Pawan have also supported the F.I.R. version. Police has also recovered country-made pistol of 315 bore alongwith empty cartridge from the possession of the applicant at the time of his arrest. Hence, I do not find any good ground to disbelieve the statement of the injured and eye- witnesses at this stage. 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. Accordingly, the bail application is rejected. 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 :- 3.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad