Shivam Singh @ Bagdadi vs State of U.P. Thru. Secy. Deptt. of Home Lko.

Neutral Citation No. - 2025:AHC-LKO:15680

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13053 of 2024

Applicant :- Shivam Singh @ Bagdadi Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant,and learned A.G.A. for opposite party.

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First bail application has been filed with regard to Case Crime No. 339/2024, under Sections 191(2), 191(3), 109, 352, 351(2) BNS & Section 3/25/27 Arms Act, Police Station Kadipur, District Sulanpur.

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As per contents of first information report, the incident is said to have occurred on 21st July, 2024 when allegedly the applicant along with co-accused opened fire upon one Gaurav Singh and Suraj Dhuriya resulting in injuries to Gaurav Singh.

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It has been submitted that the applicant has been falsely implicated in the allegations levelled against him on account of previous enmity with the informant and his family. It is submitted that even otherwise as per the first information report, the allegations made are that indiscriminate firing was made upon the injured but as per the medical report, he sustained only one injury. It is also submitted that allegations of firing have been alleged against three persons and with a single bullet, it can not be ascertained as to whether it was only the applicant whose firing would have resulted in the injuries and therefore allegations under Section 109 BNS would not be attributable upon the applicant. It is also submitted that coaccused Anurag Singh @ Shivraj Singh having same role has been enlarged on bail in Criminal Misc. Bail Application No. 12326 of 2024. It is also submitted that the other co-accused namely Raj Singh @ Abhishekh Singh and Anurag Tiwari have also been enlarged on bail in Criminal Misc. Bail Application No. 12027 of 2024 and Criminal Misc. Bail Application No. 10687 of 2024 respectively.

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Learned A.G.A. on the basis of counter affidavit has refuted submissions advanced by learned counsel for applicant with submission that role of applicant is distinguishable from that other co-accused who have been enlarged on bail. It is submitted that a bare perusal of the first information report as

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well as the injury report clearly makes out a case against the applicant. There are 11 other cases against the applicant with four cases under Section 307 IPC and one under Section 302 IPC.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that allegations in the F.I.R. have been levelled against three persons namely the applicant, Anurag Singh @ Shivraj Singh and Akash Singh of having open indiscriminate fire upon one Gaurav Singh and Suraj Dhuriya resulting in injuries on Gaurav Singh.

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The injury report clearly corroborates the allegations of firing having been made.

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The case of co-accused Anurag Singh @ Shivraj Singh does not appear to provide any parity to the applicant simply for the reason that the bail application in that case has been allowed on the ground that the applicant therein was not named in the first information report.

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Looking to the nature of charges levelled against the applicant in Case Crime No. 339/2024, under Sections 191(2), 191(3), 109, 352, 351(2) BNS & Section 3/25/27 Arms Act, Police Station Kadipur, District Sultanpur, at this stage this Court does not find any good ground to interfere in the bail application which is accordingly rejected. Liberty is granted to applicant to file a fresh bail application once evidence of informant & injured witnesses conclude.

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Order Date :- 17.3.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shivam Singh @ Bagdadi v. State of U.P. Thru. Secy. Deptt. of Home Lko.

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Shivam Singh @ Bagdadi v. State of U.P. Thru. Secy. Deptt. of Home Lko.

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