Abhishek Singh @ Sholey Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:44659

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7121 of 2025

Applicant :- Abhishek Singh @ Sholey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The accused-applicant seeks bail in Case Crime No.156 of 2021, under Section 147, 148, 149, 504, 506, 307, 34 Indian Penal Code, Police Station Karaudikala, District Sultanpur.

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In the prosecution case, it is alleged that on 16.10.2022 at about 7:30 p.m., while the son of the complainant, Anuj, was returning home after attending a Durga Pooja event in a nearby village, the applicant along with other co-accused persons started hurling abuses at him. Upon objection being raised, they opened fire with a country-made pistol, causing serious injuries.

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Learned counsel for the applicant submits that the applicant has explained the criminal history in the bail application, which pertains to the present case. The role assigned to the applicant is of a general nature similar to that of the co-accused persons namely Abhishek Singh, Sher Ali, and Ranjeet Singh, who were assigned a similar role by the two injured witnesses. The said co-accused persons, have already been granted bail. Copies of which have been annexed collectively as Annexure-6 to the bail application.

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Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the specific role of firing has been assigned to the present applicant, and the statement of the independent

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witness, namely Raj Bahadur Yadav, has not been filed along with the bail application.

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I have considered the arguments advanced by learned counsel for the parties as well as perused the record.

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On due consideration of the bail orders of the co-accused persons, named above, who have already been granted bail; the explanation furnished by the applicant regarding his criminal history, the firearm injuries received by the two injured persons; the period of incarceration gone into by the applicant; and the role assigned to the applicant by the injured witnesses; and considering that the applicant is in jail since 26.06.2025, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant.

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Accordingly, the bail application is allowed.

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Let the applicant Abhishek Singh @ Sholey be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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

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facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS).

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS).

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Order Date :- 1.8.2025

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Madhu D.R/P.S

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Singh @ Sholey v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

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Abhishek Singh @ Sholey v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

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