Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6102 of 2025 Applicant :- Majid Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Avinash Srivastava,Ashok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the respondent State as well as perused the record. The accused-applicant seeks bail in Case Crime No.43 of 2025 under Section 191(2), 191(3), 190, 352, 351(3), 109(1), 110 BNS, Police Station Raniganj, District Pratapgarh. As per the prosecution story, eight named and four unnamed accused persons, due to enmity and with a common intention, came on 19.02.2025 at about 10:30 a.m. near Abul Kalam Azad Madarsa, where the complainant and his brother were present. They were surrounded by the accused assailants, who, armed with country-made pistols, started firing upon the victims with the intent to kill. As a result of the firing, both brothers sustained injuries. Thereafter, the accused fled from the spot while extending threats to kill. Learned counsel for the applicant submits that the applicant has no previous criminal history. A specific role of firing has not been attributed to the present applicant; rather, such role has been attributed to the co-accused persons namely Shoeb, Javed, Nadeem, and Anul. Both the injured persons did not sustain any injury on their vital parts. Injured Mohd. Jahid Khan was advised for an X-ray; however, no abnormality was detected. Likewise, no fracture was found in the X-ray report of the second injured, Mohd. Irshad Khan. Both the injured have not assigned the role of firing to the present applicant. The only allegation against the applicant is that he was sitting at the back of motorcycle. The applicant is in jail since 14.05.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the statements of the injured persons, and taking into account that the role of firing has been specifically assigned to the co-accused Javed, Nadeem, Anul, and Shoeb, and not to the present applicant as per the said statements, as well as considering the period of incarceration undergone by the applicant, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Majid Ali 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: (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 under Section 229-A of the Indian Penal Code. (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. 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 Indian Penal Code. Order Date :- 1.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench