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Allahabad High Court

JOGENDRA ALIAS JUGENDRAversusSTATE OF U.P.

Decided

Holding

The bail application of Jogendra @ Jugendra is rejected.

Summary

The High Court considered a bail application filed by Jogendra (applicant) who is charged under Sections 147, 148, 149, 307, 323, 325 and 504 of the Indian Penal Code for allegedly causing firearm injuries to four persons. The applicant's counsel argued that the prosecution case is false, the injuries are simple, only two witnesses have been examined and the applicant has no risk of fleeing. The complainant’s counsel, supported by the A.G.A., presented medical reports showing bullet injuries, life‑dangerous conditions and ongoing treatment, emphasizing the seriousness of the offences. After reviewing the medical evidence and the nature of the injuries, the court found that the applicant’s alleged involvement is substantiated and the offences are grave. Consequently, the court rejected the bail application, stating there is no sufficient ground to release the applicant on bail.

Issues considered

  • Whether bail should be granted to an accused charged with offences under Sections 147, 148, 149, 307, 323, 325 and 504 IPC involving firearm injuries.
  • Whether the seriousness of the injuries and the evidence on record justify denial of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • firearm injury
  • grievous hurt
  • criminal procedure
  • high court
  • pre‑trial detention

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 46547 of 2024

Jogendra Alias Jugendra
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Amresh     Singh,    Kamlesh           Kumar
                                Dwivedi, Piyush Dubey,                Saurabh
                                Dwivedi, Sunil Singh
Counsel for Opposite Party(s) : G.A., Kuldeep Singh Chahar

Court No. - 70
                     HON'BLE HARVIR SINGH, J.

1. Supplementary affidavit dated 10.3.2026 filed on behalf of applicant is
taken on record.

2. Heard learned counsel for the accused-applicant, learned counsel for the
complainant/ informant as well as learned A.G.A. for the State and perused
the material available on record.

3. This bail application has been moved on behalf of the accused-applicant/
Jogendra @ Jugendra for grant of bail, in Case Crime No.106 of 2024,
under Sections 147, 148, 149, 307, 323, 325, 504 I.P.C., Police Station
Fatehpur Sikri, District Agra, during pendency of trial.

4. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution.
Allegations of causing firearm injury to the injured persons have been
levelled against the applicant. It is further submitted by learned counsel for
the applicant that, entire prosecution story is false, baseless and concocted.
As per medical report of injured Vishvendra Singh, prepare at Saket
Hospital, Agra, dated 8.6.2025, injury caused to him was simple in nature.
The injuries caused to the injured persons are not of such nature, which
would have caused the death of the injured persons. Learned counsel for the
applicant further submits that, till date only two witnesses have been
examined and statement of injured Ram Avtar has not been recorded
yet. Learned counsel for the applicant further submits that, the injured Ram
                                                            BAIL No. 46547 of 2024
                                  2


Avtar has been discharged from the hospital on 16.6.2024 with satisfactory
condition and the accused-applicant is languishing in jail in this matter, since
9.6.2024 i.e. for about 2 years, criminal history of one case has been
explained in para 21 of the instant bail application and there is no likelihood
that the accused-applicant, after release on bail, may flee from the process of
law or will misuse the liberty of bail, therefore, the applicant is entitled to be
enlarged on bail.

5. Per contra, learned counsel for the informant/ complainant opposes the
prayer for bail of the applicant on the ground that, specific role of firing has
been levelled against the applicant in the first information report of this case
and as per medical report of injured Ram Avtar, prepared at Saket Hospital,
Agra, dated 8.6.2024, the injury caused to him is due to fire arm and is life
danger. X-ray report of the said injured dated 6.6.2024 reveals bullet
shaped, sakpag object in abdomen. It is further submitted that, CECT
(abdomen) report dated 7.6.2024 shows:- Moderate hemothorax # L1, L2,
L3 vertebra (spinous process); Posterior end of 11th and 12th ribs spleen
injury; Metallic density object in para-spinal muscles at L2 level (2
bullets). He further submits that, the injured Ram Avtar remained admitted
for about 10 days and was discharged on 16.6.2024 and treatment of the
injured is still going on at some private hospital, till date. Total four
persons have got injured in the said incident, therefore, the applicant is not
entitled to be enlarged on bail.

6. Learned A.G.A. for the State supports the submissions raised by learned
counsel for the informant/ complainant and opposes the prayer for bail of the
applicant on the ground that, the injuries caused by the applicant are
grievous in nature, therefore, the applicant is not entitled to be released on
bail.

7. Having considered the rival contentions of the parties and having perused
the record, it is evident that the injured- Ram Avtar was admitted to Saket
Hospital, Agra on 6.6.2016 and was discharged on 16.6.2024 and remained
admitted for about ten days. As per medical report of the injured Ram Avtar,
the injury caused to him is due to fire arm and is life dangerous. X-ray
report of the said injured dated 6.6.2024 reveals bullet shaped, sakpag
object in abdomen and CECT (abdomen) report of the injured dated
7.6.2024 shows:- Moderate hemothorax # L1, L2, L3 vertebra (spinous
process); Posterior end of 11th and 12th ribs spleen injury; Metallic
density object in para-spinal muscles at L2 level (2 bullets). As per
                                                                                             BAIL No. 46547 of 2024
                                                                    3

                                    reports shown by learned counsel for the informant/ complainant, it is
                                    evident that, treatment of the injured is still going on at some private
                                    hospital, till date. Total four persons have got injured in the said incident.
                                    Thus, having regard to the evidence available on record against the applicant
                                    and his complicity in the crime, I do not find any good ground to release the
                                    applicant on bail. Hence, the bail application moved on behalf of applicant -
                                    Jogendra @ Jugendra is hereby rejected.

                                    8. Observations made herein-above by this court are only for the purpose of
                                    disposal of this bail application and shall not be construed as an expression
                                    of this Court on the merits of the case.

                                    March 28, 2026
                                    Gurpreet Singh
                                                                                               (Harvir Singh,J.)




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad


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