Neutral Citation No. - 2025:AHC:134093 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26049 of 2025 Applicant :- Rahul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Tripathi,Aushim Luthra,Vineet Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Rahul Gupta with a prayer to release him on bail in Case Crime No. 523 of 2022, under Sections 307, 160 and 34 I.P.C., Police Station-Naini, District-Prayagraj, during the pendency of trial. 3-It is argued by learned counsel for the applicant that in the present case, an F.I.R. was lodged by the applicant-Rahul Gupta on 22.09.2022 for the offence under Section 307 I.P.C. against Gaurav Banerjee, Twinkle and two unknown persons alleging inter-alia that on 22.09.2022 at about 01:00 a.m., at the instance of Gaurav Banerjee, Twinkle fired two gun shots at him which hit to his right hand and thigh. During investigation, the investigating officer has exonerated Gaurav Banerjee and charge-sheet has been submitted against Twinkle, Vishal Jaiswal, Abhishek Jaiswal as well as against the present applicant. It is also submitted that except the applicant, no other person has received injury. The applicant has a criminal history of seven cases, in which he has been granted bail, averment in this regard has been made in paragraph no. 32 of the affidavit. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.05.2025. 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. 4-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant by contending that in fact, in a scuffle which took place between the applicant and named accused persons, the applicant had opened fire but unfortunately, the bullet hit him whereby he has received injuries. Hence, during investigation, the applicant was made an accused. 5-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 a complainant as well as injured, no other person has received injuries and subsequently, the applicant has been made accused during investigation. 6-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. 7-Let the applicant-Rahul 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. 8-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 :- 7.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad