HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2740 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Anil K. Tripathi, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.30 of 2024, under Section 302, 504, 506, 34 IPC & Section 27/30 of Arms Act, P.S. Malihabad, District Lucknow. 3. Learned counsel for the applicant argues that in terms of the FIR and the subsequent statement, no role of firing was assigned to the applicant and on the similar allegation co-accused Asharfee Lal was enlarged on bail by this Court vide order dated 17.11.2025. He stresses the reasoning recorded in Para 8 of the said bail order to argue that the same is squarely applicable to the case of the applicant also. It is further argued that the applicant is in custody since 07.02.2024 and has no criminal antecedents except for an offence prior to the offence in question. He further argues that all the fact witnesses have been recorded, thus, the applicant may be enlarged on bail. 4. Learned counsel for the informant and learned AGA oppose the bail application by arguing that apart from the allegations levelled against the applicant in the FIR and the subsequently statement during trial, one of the witnesses has specifically deposed that the applicant had caught hold of the person who tried to intervene and help and because of that the said two other persons were also murdered. In the light of the said, it is Versus Counsel for Applicant(s) : Kunwar Sushant Prakash Counsel for Opposite Party(s) : G.A., Abdul Ahad, Ajitanshu Tripathi, Anil Kumar Tripathi Mohd. Furkaan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) emphasised that it is a case of triple murder and considering the gravity of the offence, the bail application deserves to be rejected. It is not disputed that the fact witnesses have been recorded and the applicant has no criminal antecedents. 5. Considering the statements made at the Bar, although, in the FIR as well as the subsequent statement, role of giving the bullet was assigned to the applicant, no role of firing was assigned to the applicant; even if the statement of the witness recorded during trial is taken into consideration, still no role of firing has been assigned to the applicant. As such, in view of the said facts coupled with the fact that all the witnesses have been recorded and there is nothing on record to demonstrate that the applicant who has no criminal antecedents, if enlarged on bail at this stage, can adversely affect the trial, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohd. Furkaan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. 7. It is made clear that this order shall not be treated as parity while considering the bail application of the co-accused. November 19, 2025 nishant BAIL No. 2740 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench