Neutral Citation No. - 2025:AHC:133816 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1399 of 2025 Applicant :- Akash Alias Atul Saini Opposite Party :- State of U.P. Counsel for Applicant :- Akhilendra Singh,Amber Khanna,Prabhat Kumar Singh,Raj Kumar Khanna,Sandal Khanna Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Raj Kumar Khanna, learned counsel for the applicant has filed rejoinder affidavit today in the Court, which is taken on record. 2. The present bail application has been moved by the applicant- accused Akash Alias Atul Saini for the offence punishable under Section 109 of B.N.S. and Section 3/25/27 of Arms Act in Case Crime No. 210 of 2024, Police Station- Fatehpur, District Saharanpur. 3. Learned counsel appears for the applicant and submits that the accused-applicant has falsely been implicated in the case. The FIR is delayed. The incident is of 6:30 am and the FIR has been registered at 9:20 pm on the same day specifically naming the accused, though the first medical report does not disclose the name of the person, who has opened fire. The charge sheet has been submitted. The applicant is in jail since 05.11.2024. 4. Per contra, learned A.G.A. has opposed the bail application and submits that the CCTV footage specifies the role of the accused. The medical report is already on record. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The perusal of the record prima facie reveals that the incident is of 6:30 am. The informant was admitted to the emergency of Sri Guru Ram Rai Institute of Medical & Health Sciences, Patel Nagar, Dehradun. The FIR has been registered on the same day by Sumit Kumar, the brother of injured. The medical report at page no. 48 reveals that there is gun shot injury by unknown person and the medico-legal report is shown to have been carried out on 04.11.2024 at 7:00 am. The FIR is registered in the night of the same day specifically stating the name of the accused. The charge sheet has been submitted. The applicant is in jail since November, 2024. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 7.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad