Neutral Citation No. - 2025:AHC:17418 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36040 of 2024 Applicant :- Sajid Husain Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Brijesh Kumar, learned counsel for the applicant and Shri Purushottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sazid Hussain, seeking enlargement on bail in Case Crime No. 445 of 1998 under Sections 307 I.P.C. at Police Station Shahganj, District Allahabad (Prayagraj). Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 08.08.1998 with the allegation that on the date of incident i.e. 8.08.1998 when the police party including the first informant were on patrolling duty, the police party has tried to stop the applicant and two other accused persons, they opened fire on the police party and the informant and other police personnels anyhow save themselves and arrested one of the accused person namely Jumman. The applicant and Firoz were fled from the spot of incident. In the aforesaid case the applicant was arrested and he was granted bail by the trial Court vide order 09.12.1998. Learned counsel for the applicant submits that it is a no injury case. Learned counsel for the applicant submits that the applicant himself has surrendered before the Court below 19.06.2023 and on the said date he was sent to jail. He further submits that the applicant is in jail since more than one and half years. Criminal History of 20 cases has been explained in paragraph no. 17 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed with the allegation that the applicant is a habitual criminal, but could not dispute the fact the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sazid Hussain, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 6.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad