Neutral Citation No. - 2025:AHC-LKO:47449 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2172 of 2025 Applicant :- Jalis Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Ram Kumar Verma,Amit Kumar Awasthi,Jai Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. 1. Heard Shri Amit Kumar Awasthi, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. 2. This second bail application has been moved by the accused/applicant- Jalis Khan for grant of bail, in Case Crime No.639 of 2019, under Sections 147, 148, 302, 307, 120-B, 34 I.P.C., Police Station Mohammadi, District Kheri, during trial as his first bail application has been dismissed as not pressed by this Court vide order dated 11.10.2023 passed in Criminal Misc. Bail Application No.13526 of 2021. 3. Learned counsel for the accused-applicant submits that the applicant is in jail in this case since 09.12.2019 i.e. for more than five years. It has also been submitted that bare perusal of the F.I.R. indicates that all the accused persons including present applicant have been assigned the role of firing and identically placed co-accused persons namely Malook Khan, Isail Khan and Maseel Khan have been granted bail by a coordinate Bench of this Court vide order dated 30.07.2025 passed in Criminal Misc. Bail Application No.2174 of 2025. The role of the applicant is also at par with co-accused persons, who have been granted bail. 4. Learned counsel for the applicant has placed reliance upon the judgement of Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb; AIR 2021 SC 712 and Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation passed in Criminal Appeal No.693 of 2021 (Arising out of SLP (Crl.) 3610 of 2020; and Gokarakonda Naga Saibaba vs. State of Maharashtra; (2018) 12 SCC 505 wherein the Apex Court has considered the long period of incarceration. 5. It is next submitted that criminal history of the applicant has been explained in paragraph No.36 of the affidavit filed in support of this bail application and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty. 6. Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed heinous offence, but could not dispute the other factual submissions made by learned counsel for the applicant. 7. Having heard learned counsel for the parties and having considered the facts that in the F.I.R. similar role has been assigned to all the accused persons and identically placed co- accused persons namely Malook Khan, Isail Khan and Maseel Khan have been granted bail by a coordinate Bench of this Court as well as the applicant is in jail in this case for more than five years, without expressing any opinion on the merits of the case, this Court is of the considered view that it is a fit case for bail. This second bail application is allowed. 8. Let the accused/applicant- Jalis Khan involved in above- mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 11. 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. . (Brij Raj Singh,J.) Order Date :- 13.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench