Neutral Citation No. - 2025:AHC:138075 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25142 of 2025 Applicant :- Ranvijay Singh Alias Kalu Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Rajiv Verma,Rakesh Kumar Singh Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, Sri Rakesh Kumar Singh, learned counsel for the complainant and learned A.G.A. for the State. 2-By means of this bail application under Section 483 of B.N.S.S., applicant- Ranvijay Singh Alias Kalu, who is involved in Case Crime No.158 of 2025, under Sections 109, 352, 3/5 of B.N.S., 2023, Police Station Jahanaganj, District Azamgarh seeks enlargement on bail during the pendency of trial. 3-Brief facts of the case, which are required to be stated are that the complainant- Ambrish Singh got a first information report lodged on 11.05.2025 for the offence under Sections 109, 352 of B.N.S., 2023 against Anand Singh, Ranvijay Singh Alias Kalu (applicant) and Nanhe Singh stating inter-alia that on 11.05.2025 at 07:40 O' Clock, accused persons were making constructions of toilet on his land. When his brother- Brij Mohan Singh and son Abhishek Singh told them not to do this, they became furious and on exhortation of applicant and Nanhe Singh, Anand Singh made fire shot, which hit to abdomen and thigh of Brij Mohan Singh. 4-Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. Even as per prosecution case, role of exhortation has been assigned to the applicant and co-accused Nanhe Singh. The role of causing firearm injury has been assigned to co-accused Anand Singh, which is also corroborated from the medical examination report of injured Brij Mohan Singh and Abhishek Singh as well as from the statement of both the injured. As such, case of the applicant is distinguishable from the case of co-accused Anand Singh. The applicant has criminal history of three cases, which have been explained in paragraph no.3 of the supplementary affidavit dated 24.08.2025. Lastly it is submitted that the applicant, who is languishing in jail since 15.05.2025 may be enlarged on bail. In case, he is released on bail, he will not misuse the liberty of bail. 5-On the other hand, learned Additional Government Advocate for the State as well as learned counsel the complainant opposed the prayer for bail of the applicant but could not dispute the factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that main role of firing and causing firearm injury to the injured persons has been attributed to co- accused Anand Singh and the case of the applicant stands on different footing to that of co-accused Anand Singh. 7-Considering the over all facts and circumstances of the case, material evidence on record and gravity of offence and role assigned to the applicant, I find that applicant has made out a prima facie case for bail. Accordingly, the bail application is hereby allowed. 8-Let the applicant- Ranvijay Singh Alias Kalu, 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. 10-It is made clear that benefit/parity of this order shall not be extended to the co-accused Anand Singh. Order Date :- 13.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad