HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8107 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant, Sri Prashant Tripathi, the learned AGA for the State and perused the records. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. This application has been filed by the applicant, seeking bail in case crime No. 0269 of 2025 under sections 3(5), 351(2), 352, 109(1), 110, BNS, and Section 7, Criminal Law Amendment Act, Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an FIR lodged on 17/6/2025 against five named persons, not including the applicant, and 15-20 unknown persons, stating that all the accused persons had assaulted the informant's nephew, Mukesh Jaishwal, with iron rods, and co-accused Massan fired a gunshot with intention to kill him. Thereafter, named co- accused persons, Monu and Sonu, also assaulted him with a stick. When the informant's son tried to save him, co-accused Aleem alias, Monu, fired a gunshot with intention to kill him, and he also suffered gunshot injury. The informant's other son also tried to save him, and he was also assaulted with iron rods and sticks. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has no criminal history. It is also Versus Counsel for Applicant(s) : Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Irshad Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s) alleged that when the police tried to arrest the applicant, he fired on the police party, regarding which case crime No. 270 of 2025, has been registered at PS Kotwali Dehat, District Pratapgarh, on 17/6/2025, and the applicant has been granted bail in that case. In that incident, no police personnel had suffered any injury, and only the applicant suffered firearm injuries. 5. Learned Additional Government Advocate has opposed the application for bail, and he has submitted that investigation in the matter is still pending. He further submitted that the applicant is involved in another non-cognizable case. 6. Learned counsel for the applicant has submitted that the applicant has not received any summon in that case. He further submitted that co- accused Riyaz has already been granted bail by means of an order dated 01.09.2025 passed by this Court in Criminal Misc. Bail Application No. 8123 of 2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the FIR has been lodged against five named persons and 15-20 unknown persons; the FIR levels specific role of causing gunshot injury to other co-accused persons, and some other injuries have also been assigned to some other accused persons; but no specific role against the applicant has been assigned, and that the applicant is languishing in jail since 05/07/2025 and a co-accused person has already been granted bail, I am of the view that the applicant is also entitled to be granted bail in the present case on the ground of parity. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Irshad Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 8107 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 3, 2025 Preeti. BAIL No. 8107 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench