HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9110 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Narendra Gupta, the learned counsel for the applicant, Sri Mayank Sinha, the learned AGA for the State and Sri Pradeep Kumar Mishra, the learned counsel for the complainant. 2. This is second application seeking release of the applicant on bail in Case Crime No. 52/ 2025, under Sections 103(1), 61(2) BNS, Police Station Ramkot, District Sitapur. 3. The aforesaid case was registered on the basis of an FIR lodged on 11.03.2025 against six named persons, including the applicant and an unknown person, stating that the informant's father used to work as an advocate's clerk in district court. While he was returning home at about 07:00 p.m. on 10.03.2025 on his scooty, because of old animosity emanating from election of village pradhan, co-accused Simran Singh, grandson of the village pradhan, along with two unknown persons, who had covered their faces, came there on a motorcycle and fired several rounds due to which the informant's father suffered gun shot injuries. The FIR stated that the applicant Sarif Gaddi, Ram Milan Yadav, Mohsin, Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A., Alok Singh, Pradeep Kumar Mishra Sarif Gaddi .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) Ankul and Narsingh were also involved in hatching a conspiracy for the offence. The victim's associates Sarvesh Kumar was going at some distance ahead and when he reached on a spot, all the accused persons ran away. The informant took his father to District Hospital, Sitapur, where he was referred to Trauma Centre, Medical College, Lucknow. 4. In the statement recorded under Section 180 BNSS the complainant reiterated the FIR version. In the statement of the victim recorded under Section 180 BNSS, he reiterated the FIR version and he further stated that besides Sarvesh named in the FIR, one Atma Ram Yadav had also reached on the spot. Further, besides the named co-accused persons Simran Singh, the two persons said to be involved in commission of the incident, whose faces were covered, were named in this statement as Jograj Singh alias Jagga and Rahul Yadav. The victim stated that the applicant was involved in hatching conspiracy for the offence. The victim stated that he had given evidence in relation to Case Crime No. 356/2013 under Sections 420, 419, 467, 468, IPC, Police Station Kotwali, District Sitapur lodged against the applicant Sarif Gaddi and Mohsin Gaddi. Sarif Gaddi had threatened him and in this regard he had lodged another FIR against him. Sarif Gaddi had got him hit by a vehicle in which the victim's motorcycle had got damaged. The victim had lodged another FIR against Sarif Gaddi in the year 2012 and 2013 and for these reasons Sarif Gaddi has caused the incident. Co-accused Ram Milan Yadav has already been granted bail in Crl. Misc. Bail Application No. 9822/2022 5. In the affidavit filed in support of the application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. Upon completion of investigation, a charge sheet has already been submitted on 06.06.2025 and a supplementary charge sheet has been submitted on 01.09.2025. BAIL No. 9110 of 2025 2 6. The learned counsel for the applicant had submitted that the applicant has been falsely implicated in the present case because of an old animosity between the victim and the applicant as the applicant had filed a writ petition bearing No. 25291 (M/S) of 2016 alleging that the deceased had encroached upon public utility land. The petition was disposed of by observing that the petitioner has remedy under Section 67 of the U.P. Revenue Code, 2006. 7. A supplementary affidavit has been filed by the applicant annexing therewith his call detail record as per which there were three conversations between the applicant Sarif Gaddi and Ram Milan Yadav running into 26 sec. to 13 sec. and 2 sec., made on 02.01.2025, 16.01.2025 and 18.01.2025 respectively. The incident took place on 10.03.2025 and there was no conversation between the applicant and co-accused Ram Milan Yadav after 18.01.2025. Further there was no communication between the applicant and the three assailants who are said to have fired gun shots. Although the incident took place on 10.03.2025, the victim died on 23.06.2025 because of septicemia. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of firing gun shots has been assigned to the other co-accused persons and the only allegation against the applicant is of being involved in hatching a conspiracy for commission of the offence; besides the bald allegations there is no material to substantiate the same; the allegation is prima facie not substantiated by the allegation of the call detail record also and that the applicant is languishing in jail since 22.06.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. BAIL No. 9110 of 2025 3 10. Let the applicant- Sarif Gaddi 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; (iii) the applicant shall appear on each and every date fixed by the trial court. December 2, 2025 Pradeep/- BAIL No. 9110 of 2025 4 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench