Neutral Citation No. - 2025:AHC:121320 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24500 of 2025 Applicant :- Akhilesh Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- Devottam Pandey,G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Devottam Pandey, learned counsel for the complainant. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 194 of 2025, under Sections 109(1), 61(2)(A) B.N.S., Police Station-Kotwali, District-Ballia during the pendency of trial. 3-As per the prosecution case in brief, complainant who is daughter of the injured-Arun Kumar Gupta got a first information report lodged on 21.05.2025 for the offence under Section 109(1) B.N.S., 2023 against Rohit, Amit Gupta, Abhishek Soni, Abhishek Seth and two others stating inter-alia that on 21.05.2025 at about 08:30 am, her father was standing outside of his shop. At that time, two assailants came on a motorcycle and fired at his father whereby he received serious injuries and was taken to hospital. On the way, he told that he has a suspicion that on account of a dispute over money and properly, Rohit Gupta, Amit Gupta, Abhishek Soni and Abhishek Seth got the said incident caused. 4-It is argued by learned counsel for the applicant that though Abhishek Seth (son of the applicant) is named in the F.I.R. but the applicant is neither named in the F.I.R. nor in the statement of the complainant and other independent witnesses. It is next argued that during investigation, one Mukesh Kumar was apprehended by the police on 28.05.2025 and he, in his confessional statement, has disclosed that he and co-accused Rohit Verma were hired for committing the murder of Arun Gupta and in lieu thereof, they were supposed to get Rs. 1,00,000/-, out of which they have received Rs. 50,000/- in advance in which Rs. 25,000/- came in his share. Accused Mukesh Kumar has also disclosed that on 21.05.2025, he was driving a motorcycle whereas Rohit Verma was a pillion rider who fired at Arun Gupta. In a follow up action, Rohit Verma was also apprehended on 05.06.2025 and he has confessed the same story as narrated by Mukesh Kumar. Referring the injury report of Arun Kumar Gupta, it is pointed out that he has received only one fire arm injury which has been attributed to co-accused Rohit Verma, hence, the applicant who is languishing in jail since 28.05.2025 having no criminal history to his credit is entitled to be enlarged on bail. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-On the other hand, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail of the applicant by contending that though the role of causing fire arm injury has been attributed to Rohit Verma but the applicant was very much aware about the said deal between his son Abhishek Seth with Mukesh and Rohit Verma, as such, he was involved in the said conspiracy. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the applicant is not named in the F.I.R. Four persons have been nominated in the F.I.R. whereas during investigation, complicity of Mukesh and Rohit Verma came into light and it is the case of the prosecution that Rohit Verma has caused fire arm injury. The injured has received only one injury, hence, the case of present applicant is distinguishable from the case of other co-accused persons. So far as the allegation of criminal conspiracy against the applicant is concerned, same is a matter of trial which can be adjudicated by the trial court after leading the evidence. 7-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 8-Let the applicant-Akhilesh Kumar Gupta, 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 before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 24.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad