Neutral Citation No. - 2025:AHC:69716 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11796 of 2025 Applicant :- Adil Shamsi Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.64 of 2024, under Sections 109(1), 324(2) & 3(5) of B.N.S., Police Station - Hariparwat, District - Agra. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R. and he has been falsely implicated in the instant case due to ulterior motive. It is further submitted that name of applicant has been disclosed by the injured, Sujal Sharma. As per the statement of Sujal Sharma, the role assigned to the present applicant is riding motorcycle. As per the statement of injured person, the role of firing is assigned to Amid Rizvi. In support of his argument, he has read out the statement of injured witness. It is further submitted that the injuries sustained by three injured persons was caused by the fire arm. Injuries sustained by injured, Devansh and Puneet Diwakar by fire arm are separate in nature and injuries sustained by Sujal Sharma on right thigh upper part, are simple in nature. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 01.04.2025 by the investigating officer. Applicant is languishing in jail since 03.03.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. It is admitted fact that the charge sheet has been filed; applicant is the man of clean antecedents and there is no previous criminal history against the applicant; the only role has been assigned to ride the motorcycle; specific role has been assigned to Amid Rizvi, who has given gun shot injuries to Sujal Sharma and others; applicant is languishing in jail since 03.03.2025; there is no possibility of completion of trial in near future and no material on record to establish that if applicant may enlarge on bail, he may influence the trial. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Adil Shamsi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 2.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad