HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9325 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Bharat Kumar Dixit, the learned counsel for the applicant as well as Sri Angad Kumar Vishwakarma, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 99/2025, under Sections 109, 190, 191(2), 191(3), 352, 351(3), 3(5) B.N.S., Police Staion Jagdishpur, District Amethi. 3. The aforesaid case has been registered on the basis of an FIR lodged on 02.04.2025 against five named persons, including the applicant stating that the accused persons were beating the informant's brother at about 09:00 p.m. on 01.04.2025 and when the informant reached there and resisted it, on the exhortation of other accused persons the co-accused Mujeeb Ahmad fired a shot at the informant's brother which hit on his face. Thereafter, some villagers gathered there whereupon the accused persons escaped while firing shots in air. 4. In the statement of the informant recorded by the Investigating Officer, he reiterated the FIR version but he added the names of two more persons in his statement. Independent witnesses Nafees Ahmad, Haseeb Ahmad, Taukeer Ahmad and Mogeesh Ahmad stated that gun shots were fired by Dildar Ahmad and Shadab and Versus Counsel for Applicant(s) : Bharat Kumar Dixit Counsel for Opposite Party(s) : G.A. Shadab .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the bullet which hit the victim was shot by Dildar. 5. The injured Mohd. Irfan stated that Dildar had fired the shots which hit him. 6. The allegation that all the accused persons had beaten the victim, is not supported by the injury report, which mentions a solitary gun shot injury suffered by the victim and no other injury is mentioned in it. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. However, after implication of the applicant in the present case he has been implicated in another case under Arms Act. 8. It has also been submitted on behalf of the applicant that two co- accused persons Mujeeb Ahmad and Kamraan have already been granted bail by this court by means of orders dated 13.08.2025 and 27.08.2025 passed in Criminal Misc. Bail Application No.7524 of 2025 and 8034 of 2025. 9. Learned AGA has opposed the bail application. 10. The learned AGA has submitted that allegations have been established during investigation and a charge sheet has been submitted against 5 persons including the applicant on 23.06.2025. 11. Learned counsel for the complainant has submitted that the victim has suffered a gun shot injury in the incident, the offence is heinous in nature and the applicant is not entitled to be released on bail. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the applicant is named in the F.I.R. no specific role has been assigned to him either in the F.I.R. or in the statement of injured person; that two co-accused persons, against whom allegation of firing was levelled, have already been granted bail by this court coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 25.08.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts BAIL No. 9325 of 2025 2 are sufficient for making out a case for enlargement of the applicant on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Shadab 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 the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses, and (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 25, 2025 -Amit K- BAIL No. 9325 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench