Neutral Citation No. - 2025:AHC:14004 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1676 of 2025 Applicant :- Jitendra Yadav @ Satendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 290 of 2024, under Sections 191(2), 191(3), 190, 109, 131, 3(5) BNS & 3/25/27 Arms Act, Police Station- Makkhanpur, District- Firozabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 10.11.2024 against nine named persons including applicant and five unknown persons and according to FIR, due to fire opened by accused persons, wife of nephew of the informant sustained fire-arm injury. 4. Learned counsel for the applicant submitted that totally on the basis of false allegation, applicant has been made accused in the present matter along with as many as 13 others and prima facie, it appears that it is a case of over implication. 5. He further submitted that only general and omnibus allegations have been levelled against all the accused persons including applicant. He further submitted that however, from perusal of the medical report of the injured, it reflects that she sustained one fire- arm wound but it could not be reflected that applicant is the author of this injury. He further submitted that even she sustained injury on her sholder i.e. non-vital part. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.11.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, due to fire opened by applicant and others, wife of nephew of the informant sustained fire-arm injury but it reflects that only general and omnibus allegations have been levelled against all the accused including applicant, who were total 13 in number, therefore, argument advanced by learned counsel for the applicant that it is a case of over implication, cannot be completely ruled out at this stage. 10. Further, from the entire record, it could not be reflected that applicant is the person, who caused fire-arm injury to the injured. Further, even as per prosecution, injured sustained fire-arm injury on her sholder i.e. non-vital part. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Jitendra Yadav @ Satendra Kumar 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad