HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9106 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Shailesh Kumar Srivastava, learned counsel for the applicant, Shri Nagarjuna Pandey, learned State counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.179 of 2025 under Sections 191(2), 191(3), 190, 115(2), 61(2), 109(1), 351(3) of B.N.S. and 7 C.L.A. registered at Police Station- Patti, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.06.2025 against eight named persons, not including the applicant, and some unknown persons, stating that while the informant's brother and cousin were having tea at a shop in the market at about 06:00 PM on 16.06.2025, six named co-accused persons came there in two cars, fired shots with an illegal pistol and assaulted the informant's cousin with iron rods. Two passers-by suffered gun-shot injuries in the incident. The FIR states that Sakhira Begum, Manijulnisha and Mehfooz were involved in planning of the incident. 4. In the statement of the informant, the FIR version has been reiterated. 5. In the affidavit filed in support of the bail application it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 5 criminal cases has been disclosed in para 23 of the affidavit and his involvement in 3 more criminal cases has been disclosed by filing a supplementary affidavit. The applicant has been granted bail in all the cases. 6. The learned counsel for the applicant has submitted that the applicant was arrested in another case, he has been implicated in the present case on the Versus Counsel for Applicant(s) : Shailesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mubarak Khan @ Ajharul Hasan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s) basis of his custodial confessional statement recorded in that case. 7. One of the co-accused Manijulnisha has been granted anticipatory bail in the present case by means of an order dated 04.08.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/S 482 BNSS No.958 of 2025. Another co-accused Smt. Sakira Begum has been granted bail in the present case by means of an order dated 19.08.2025 passed by this Court in Crl. Misc. Bail Application No.6898 of 2025. Another co-accused Mahfooz @ Maifuzul Rahman has been granted bail by means of an order dated 18.09.2025 passed by this Court in Bail Application No.8939 of 2025. 8. The learned State counsel has opposed the application and he has submitted that the investigation in the matter is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. and he has been implicated merely on the basis of custodial confessional statement recorded in another case and that three main accused persons have already been granted bail in the present case whereas the applicant is languishing in jail since 19.06.2025, I am of the view that the aforesaid facts are sufficient to make out a case for grant of bail to the applicant. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Mubarak Khan @ Ajharul Hasan be released on bail in the aforementioned 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; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 24, 2025 S. Shivhare BAIL No. 9106 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench