Neutral Citation No. - 2025:AHC-LKO:42366 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 557 of 2025 Applicant :- Sulli @ Shamsuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Pawan Kumar Sharma,Anil Kumar Sharma Counsel for Opposite Party :- G.A.,Dharmendra Kumar Misra Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 13.09.2024 at around 2:30 p.m., a dispute arising from a trivial issue occurred in a mosque. The named accused persons, armed with lathis and dandas, along with the present applicant, who was allegedly carrying a country-made pistol, assaulted members of a family at the door of Maqsood Contractor. As a result of the incident, seven individuals are said to have sustained injuries. It is specifically alleged that the applicant fired from the country- made pistol due to that Hafeej suffered fire arm injury.. Learned counsel for the applicant submits that co-accused persons, Ansar, Peer Gulam, Irfan, Gulam Waris, Jalalu @ Jalaluddin, Mainuddin, and Anwar, have already been granted bail by coordinate Benches of this Court vide orders dated 03.12.2024, 12.12.2024, 18.12.2024, 19.12.2024, 20.12.2024, and 07.01.2025, passed in Criminal Misc. Bail Application Nos. 12454 of 2024, 12849 of 2024, 11882 of 2024, 12000 of 2024, 13282 of 2024, and 13369 of 2024, respectively. It is further submitted that, upon perusal of the discharge summary of Hafeej, the firearm injury is found to be superficial. The patient was treated without surgical intervention, and his condition was reported as stable. No fracture was detected. On the other hand, another victim, Mumtaj, suffered a grievous injury, specifically a fracture to the right temporal bone, which was caused by the co-accused persons who have already been granted bail. Thus, the applicant’s case stands on a better footing than the other co-accused persons who have been granted bail. It is also submitted that four persons from the applicant’s side also sustained injuries, and both parties have lodged cross- cases. The applicant is in custody since 17.09.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A., while opposing the bail application, submits that the charge sheet has already been filed on 08.12.2024. On due consideration to the injury report of Hafeej, the role attributed to the applicant, the bail granted to co-accused persons, the fact that the charge sheet was filed in December 2024, and the admission by both parties that the trial has not yet commenced, as well as the fact that the applicant is in custody since 17.09.2024, I am of the opinion that the applicant deserves to be released on bail. Accordingly, the bail application is allowed. Let the applicant Sulli @ Shamsuddin involved in Case Crime No. 437 of 2024, Under Sections 191(2), 191(3), 190, 115(2), 352, 351(3)109(1), 3(5), 238 (b) BNS & 7 C.L.A. Act & 3/25 Arms Act, Police Station - Maurawan, Po District- Unnao, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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 facts to the Court or to any police officer or tamper with the evidence. (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. (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 in accordance with law. (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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 23.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench