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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9960 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State and perused the record. 2. By means of this application, the applicant who is involved in case crime no. 207 of 2025, under Section 109 B.N.S., P. S. Charwa, District- Kaushambi, is seeking enlargement on bail during the trial. 3. As per the F. I. R. allegations, which was lodged by the father of the injured, the prosecution case is that the applicant caused gun shot injuries to his son Abhishek, resultantly, he got injured, leading his admission to Swarup Rani Hospital, Prayagraj. 4. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that incident occurred in a marriage celebration and the injured sustained gun shot injury in celebratory firing, not by the applicant. He next submitted that the incident is alleged to have taken place on 25.9.2025, whereas the F. I. R. of the same was lodged after delay of fifteen days on 9.10.2025 and there is no explanation for delay in lodging the first information report, which suggests that the F. I. R. was lodged after due deliberation and as an afterthought. He lastly submitted that the applicant, who is in jail since 13.1.2026 and has no criminal antecedents, is entitled to be enlarged on bail during pendency of the trial. Versus Counsel for Applicant(s) : Mahesh Kumar Counsel for Opposite Party(s) : Arvind Kumar, G.A., Jitendra Kumar Pandey Lakhan Lal .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Per contra, learned counsel for the informant as well as learned AGA have opposed the prayer for bail and submitted that gun short injury has been caused to the injured in his stomach, which could have proved fatal to his life, therefore, the applicant is not entitled to be enlarged on bail. The informant and injured both have reiterated the F. I. R. version. The details of the injuries are as under:-
"Mr.
Abhishek, 14 years, S/o Ram Dinesh, R/o Badeshar, P. S. Manjhanpur, Kaushambi, Uttar Pradesh was admitted in S. R. N. Hospital on 26.9.2025 at 12.15 AM with complain of injury in abdomen (firearm injury Gun Shot) due to alleged history firearm injury (gun shot) on 25.9.2025 history given by Vimal Singh (neighbor). Patient was managed operatively by EL c P L c double barrel ileostomy unclear GA on 26.9.2025 in OT 2. Patient was further managed with C/o sore of ileostomy unclear GA in OT 4 on 31.10.25. Patient was further managed with iv fluids, iv antibiotics, iv analyestics and other supportive measures. Patient was discharged with Stable vitals on 12.11.25 with regular follow up advice."
6. Having considered the rival contentions of the parties, nature of offence, evidence, complicity of the accused, severity of punishment and all attending facts and circumstances of the case and the fact that the injured has specifically named the applicant, attributing the role of causing gun shot injury in his abdomen, in his statement recorded under Section 180 B. N. S. S. as well as that the gun shot injury inflicted in the abdomen of the injured, could have proved fatal to his life, this Court is not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application moved on behalf of the applicant, Lakhan Lal is rejected. April 8, 2026 HR BAIL No. 9960 of 2026 2 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad