Neutral Citation No. - 2025:AHC:129056 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23966 of 2025 Applicant :- Jagdish Alias Patrakar Opposite Party :- State of U.P. Counsel for Applicant :- Uma Dutt Shukla Counsel for Opposite Party :- Dharam Singh, G.A., Kumari Poonam Rajpoot, Prem Babu Verma Hon'ble Sanjay Kumar Singh,J. Heard Shri Uma Dutt Shukla, learned counsel for the applicant, learned Additional Government Advocate representing the State and Kumari Poonam Rajpoot, learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Jagdish Alias Patrakar, who is involved in Case Crime No. 97 of 2025, under Sections 126(2), 109(1), 352, 3(5) BNS, police station New Agra, district Agra seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that complainant Smt. Karishma, who is wife of the injured Jawahar Lal, got an F.I.R. lodged on 24.04.2025 with regard to an incident which took place on 23.04.2025 for the offence under Sections 126(2), 352, 109(1) against the applicant Jagdish and co-accused Ajay Yadav. He next submits that as per the prosecution case, role of causing fire-arm injury to the injured by country-made pistol has been assigned to co-accused Ajay Yadav, hence case of present applicant Jagdish is distinguishable from the case of co-accused Ajay Yadav. The applicant has criminal history of six cases, which are not heinous in nature and the same have been explained in para 22 of the affidavit and para 3, 4 and 5 of the supplementary affidavit. The charge-sheet has been submitted in this case, hence there is no chance of the applicant to tamper the evidence and prosecution witnesses. The applicant is languishing in jail since 01.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant vehemently opposed the prayer for bail of the applicant by contending that co-accused Ajay Yadav fired gun shot on the injured at the instance of present applicant Jagdish, therefore, 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 it is not in dipsute that role of firing gun shot has been attributed to co-accused Ajay Yadav. The injured has sustained two injuries at his thigh caused by fire- arm. As per the supplementary report, injury no. 1 is grievous in nature whereas injury no. 2 is simple in nature. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity/role of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Jagdish Alias Patrakar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. It is made clear that benefit/parity of this order shall not be extended to the main accused Ajay Yadav. Order Date :- 1.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad