Neutral Citation No. - 2025:AHC:13347 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1557 of 2025 Applicant :- Akshay Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Rakesh Dubey, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.247 of 2023, under Sections 307 and 334 IPC and Section 3/25 Arms Act, Police Station Sikandra, District Kanpur Dehat during pendency of the trial. 4. FIR of the present case was lodged against applicant by the Police Personnel and according to the FIR, when Police was trying to arrest the applicant with regard to another case relates to offences under Sections 394 and 411 IPC then applicant opened fire upon the Police party and due to the fire opened by him one Police Personnel, namely, Pushpendra sustained injury on his palm. It is further mentioned in the FIR that due to fire opened by Police Personnel applicant also sustained fire arm injury. 5. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and actually applicant did not open any fire as alleged. 6. He further submits that even from the bail rejection order of the applicant, it reflects that only black tattooing burn mark was present on left hand dosed surface of Police Constable Pushpendra and his injury appears to be superficial. 7. He further submits that however, apart from the present case applicant is having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and due to his previous criminal history, police falsely implicated him in the present matter. 8. He further submits that applicant is in jail in the present matter since 25.12.2023, i.e., for last more than a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant opened fire upon the Police Personnel when Police was trying to arrest him and due to the fire made by applicant one Police Personnel sustained injury on his palm but it appears he sustained only one burn mark. 12. Further, apart from the present case applicant is however having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 13. Further, applicant is in jail in the present matter since December, 2023, i.e., for the last more than a year. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Akshay be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. 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 :- 27.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad