Neutral Citation No. - 2025:AHC:139535 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17490 of 2025 Applicant :- Mota Alias Bantu Alias Shamim Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record. 2. The present second bail application has been filed on behalf of the applicant in Case Crime No. 123 of 2010, under Section 460 IPC, P.S. Saiyan, District Agra with the prayer to enlarge the applicant on bail. The first bail application of the applicant was rejected by this Court on 31.01.2025. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is not named in the first information report, which was lodged on 04.05.2010 by the informant, alleging that on 03/04.05.2010 some unknown miscreants have trespassed into his house to commit theft of cattle and household articles and one of them has fired a bullet at his wife, who has died on the spot. Learned counsel submitted that involvement of applicant was shown during investigation. It has further submitted that some of the co-accused persons have already been acquitted by the trial Court and that similarly placed co-accused persons, namely, Lala @ Wakeel, Sonu @ Afzal, Haseen and Akash @ Akeel Quraishi have already been granted bail. It is further submitted that the applicant is seriously ill and he is suffering from Coronary Artery Disease with ACS with Post PTCA-LCX. It was also mentioned that applicant is suffering from angina pain and he is under treatment. Recently the wife of the applicant has undergone hip replacement and that the son of the applicant is suffering from 75% of disability. Lastly, it has been submitted that applicant is languishing in jail since 09.10.2024 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for bail but it could not be disputed that as per report received from the Medical Officer, District Jail, Agra the applicant is suffering from Coronary Artery Disease with ACS with Post PTCA-LCX and that similarly placed co-accused persons are on bail. 5. Considering the entire facts of the matter, particular medical condition of applicant, it would be in the interest of justice to release the applicant on bail, so that he may avail proper treatment. 6. Accordingly, the bail application is allowed. 7. Let the applicant-Mota Alias Bantu Alias Shamim, involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: - i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 8. In case of breach of any of the above conditions, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 14.8.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad