HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 876 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Inder Pal Singh Tomar, learned counsel for the applicant, Shri Rishi Kesh Malviya, learned counsel for the first informant, Sri Ajay Singh, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under Section 483 BNSS has been filed on behalf of applicant, Talib, with a prayer to release him on bail in Case Crime No. 329 of 2024, under Sections 191 (2), 191 (3), 190, 109 (1), 103 (1), 61 (2), 317 (5) BNS, Police Station- Civil Lines, District Aligarh. The bail application of the applicant has been rejected by I/c Sessions Judge, Aligarh, on 16.12.2024. 3. The allegation made in the FIR is that the applicant and other co- accused persons with intention to kill her husband and Dewar have opened fire upon them, due to which, they sustained firearm injuries and after hearing the fire shot, the informant, her family members and neighbours came on the spot then the accused persons ran away and, thereafter the injured persons have been admitted in JNMCH and during course of treatment, her husband Nadeem Mahmood died on 28.07.2024. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 03.10.2024. He has criminal antecedent of two Versus Counsel for Applicant(s) : Ashwani Tripathi, Dhirendra Kumar Srivastava, Dinesh Yadav, Gaurav Singh Tomar, Inder Pal Singh Tomar, Ramanuj Tripathi Counsel for Opposite Party(s) : Aishwarya Pratap Singh, G.A., Mohd. Kalim, Rishi Kesh Malviya Talib .....Applicant(s) State of U.P. .....Opposite Party(s) cases, which has been explained in para 27 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that the allegation against the applicant is false, incorrect and fabricated. In fact the applicant has lodged an FIR against the daughter of informant, her husband Nadeem Mahmood (deceased) and Ayaz at P.S. Jawan, District Aligarh, in which during course of investigation, the investigating officer exonerated her husband Nadeem Mahmood (deceased) and the trial is going on. As the applicant is informant of the said case and only to make pressure upon him, he has been falsely implicated in the present case. It is submitted that the applicant was not present at the time of incident. As per the C.D. No. 9, the investigating officer has recorded the statement of injured Kaleep Mohamood, in which he has stated that the applicant Talib @ Mamu, Sarrtaj @ Mamu and Irtaza instigated that not to leave him, which itself reveals that the incident has been committed by co-accused persons namely Raheem, Junaid and Rahul and the applicant has not committed alleged offence. It is next submitted that there is no independent witness of the alleged incident to prove that the applicant has fired upon her husband and Devar and no offence is made out against the applicant as alleged in the FIR. As per the postmortem report, the deceased has sustained two lacerated wounds, one stitched wound, three surgical operation wounds, one abrasion and the cause of death is Cardiopulmonary arrest as a result of ante-mortem gun shot injuries. The investigating officer after completing investigation, has submitted charge sheet against the applicant and other co-accused persons. The entire prosecution story is false, fabricated and incorrect. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. BAIL No. 876 of 2025 2 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Talib involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. August 21, 2025 v.k.updh. BAIL No. 876 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad