Neutral Citation No. - 2025:AHC:113704 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15965 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. However, Mr. Sunil Kumar Tiwari, learned counsel for the informant is not present. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 362 of 2022, under Sections 307, 323, 325, 506, 34 I.P.C. and Sections 3/25/27 Arms Act, Police Station Lisari Gate, District Meerut during the pendency of trial. 3-As per the prosecution case in brief, complainant- Shadab who is brother of injured Salman and Shoaib got a first information report lodged on 25.06.2022 for the alleged offence under Sections 147, 148, 149, 307, 452, 323 and 506 I.P.C. against four named accused persons namely Imran, Farman, Salman, Pakaudi @ Shakib and eight other unknown persons making allegation inter-alia that all the accused persons barged into his house and started firing from their respective weapons, due to which his brothers Salman and Shoaib have received fire arm injury. 4-The main substratum of argument of learned counsel for the applicant is that in the first information report, general role of firing has been assigned to all the accused persons whereas injured Shoaib and Salman, in their statement, has assigned the role of firing to Imran, Farman and Pakaudi @ Shakib only. It is also pointed out that Salman has received one fire arm injury on his right side of chest below right nipple and similarly, injured Shoaib has received one fire arm injury at his abdomen, as such, they have received total two gun shot injuries. On the strength of statement of both the injured persons, it is next argued that the case of present applicant is distinguishable from the case of other co-accused namely Imran, Farman and Pakaudi @ Shakib. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history and is languishing in jail since 22.04.2025. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that one entry and exit wound of fire arm was found on the body of injured Salman and similarly, one entry and exit wound was found on the body of injured Shoaib. I also find that both the injured, in their statement, have not assigned the role of firing to the present applicant-Salman, therefore, case of the applicant is distinguishable from the case of other co-accused persons namely Imran, Farman and Pakaudi @ Shakib. Hence, the applicant has made out prima- facie case for bail. 7-The instant bail application stands allowed. 8-Let the applicant-Salman be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10-It is made clear that benefit of this bail order shall not be extended to co-accused Imran, Farman and Pakaudi @ Shakib. Order Date :- 15.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad