Neutral Citation No. - 2025:AHC:13637 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1654 of 2025 Applicant :- Sunil Dutt Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Hari Prakash Mishra,Sr. Advocate Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Krishna, learned Senior Advocate assisted Hari Prakash Mishra, learned counsel for the applicant, Sri Lavkush Kumar Bhatt, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2024, under Sections 109(1), 352 B.N.S., Police Station Amritpur, District Farrukhabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation, applicant opened fire from his licensed rifle due to which injured sustained firearm injury on his arm but entire allegation allegation leveled against the applicant is totally false. He further submits, even injured sustained the alleged firearm injury on his arm i.e. non vital part. 4. He further submits, even from perusal of the medical report of the injured, it could not be reflected that he sustained injury from the shot of the fire made by rifle. He further submits, from the statement of the injured, which has been annexed along with supplementary affidavit filed in support of instant bail application, it reflects, when applicant opened fire from his licensed rifle then shot firstly hit the electric pole and thereafter in rebound injured sustained injury on his arm, therefore, this fact again indicates that applicant was not having any intention to commit the murder of the injured. 5. He further submits, however, earlier also applicant has been made accused in a false case but in that case after investigation final report has been submitted and in the present matter he is in jail since 25.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, there is specific allegation that applicant caused rifle injury to the injured and from perusal of the medical report of the injured, it reflects that injured sustained firearm injury but both the counsel could not dispute the fact that even from the medical report, it reflects, he sustained firearm injury on his arm and from the statement of injured, it reflects that injured sustained injury after the rebound of the fire from the electric pole. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant opened fire from his licensed rifle and due to the fire made by him injured sustained firearm injury but it reflects, he sustained firearm injury on his arm. Further, from the statement of the injured recorded during investigation it reflects, he sustained injury due to rebound of fire. 9 Further, however, earlier also applicant has been made accused in one criminal case but it appears, in that case after investigation final report has been submitted. 10. Further, in the present matter applicant is in jail since 25.11.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sunil Dutt Tiwari 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. 14. 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. 15. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad