Neutral Citation No. - 2025:AHC:36489 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8709 of 2025 Applicant :- Hashim Hussain And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anand Kumar Tiwari, learned counsel for the applicants and Sri Santosh Pandey, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.17 of 2025, under Sections 109(1), 111(2)(b), 310(5), 336(3), 340(2), 338 BNS, Sections 3/25/27 Arms Act and Section 15 Dacoity Act, Police Station- Lohamandi, District- Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicants submits it is a police encounter case, in which, as per allegation, while applicants and others were making planning to commit dacoity, police tried to arrest them and they opened fire upon the police but admittedly none of the police personnel sustained any injuries. 4. He further submits that however in the alleged incident of firing, applicants sustained fire-arm injuries. 5. He further submits that on the basis of false allegation, police implicated the applicants in the present matter and actually applicants were apprehended by the police in some other manner from some other place and after causing fire-arm injuries to them, they were implicated in the present matter. 6. He further submitted that however applicants have also been challened for the offense under Section 111 BNS i.e. for organized crime but except the bald and verbal allegation, there is no evidence of organized crime against them. 7. He further submits that applicants are having no criminal history and they are in jail in the present matter since 28.01.2025. 8. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicants alongwith others made assault upon the police party while they were making planning to commit dacoity but admittedly none of the police personnel sustained any injuries. 11. Further, however it is alleged, in the incident, applicants sustained fire-arm injuries but considering the story narrated in the FIR, the argument advanced by learned counsel for the applicants with regard to the injuries sustained by the applicants, cannot be completely ruled out at this stage. 12. Further, applicants have also been challened for the offense under Section 111 BNS i.e. for organized crime but considering the nature of allegation levelled against them and the fact that they are having no criminal history, this Court finds merit in the argument advanced by learned counsel for the applicants that there is no cogent evidence against them with regard to offense under Section 111 BNS i.e. organized crime. 13. Further, applicants are in jail in the present matter since 28.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicants- Hashim Hussain and Meesam Hussain @ Kasim Hussain 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 the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activities. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad