HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26121 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Learned counsel for the informant has opposed the bail application on the ground that he has been furnished the copy of supplementary affidavit today only and he needs two days' time to file counter affidavit. The said prayer is rejected. 3. Heard Sri Virpratap Singh, learned counsel for the applicant, Sri Shamshuddin Khan (S U Khan), learned counsel for the informant as well as Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.117 of 2025, under Sections 109, 352, 351(2) B.N.S. and 3/25/27 Arms Act, Police Station- Maudaha, District- Hamirpur, during the pendency of trial. 5. As per prosecution story, the co-accused person Faiz Mafiya is stated to have bitten the victim on his cheek and the applicant and the said co-accused person is stated to have fired at the victim, whereby he did not sustain any gunshot injury. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about five hours and there is no explanation of the said delay caused. Versus Counsel for Applicant(s) : Virpratap Singh Counsel for Opposite Party(s) : G.A., Shamshuddin Khan (S U Khan) Asif Qureshi Alias Ashif Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel for the applicant has further stated that only one simple injury has been observed on the cheek of the victim, but the applicant is not the author of the said injury rather it was co-accused person Faiz Mafiya. There is no gunshot injury sustained by the victim, as such, the applicant is entitled for bail. 8. It is further argued by learned counsel for the applicant that the criminal history of eight cases assigned to the applicant has been explained. The applicant is languishing in jail since 4.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application. 10. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the role of applicant coupled with the fact that there is no gunshot injury sustained by the victim, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant- Asif Qureshi Alias Ashif Ali, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for BAIL No. 26121 of 2025 2 cancellation of bail. 14. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 15, 2025 Vikas Verma BAIL No. 26121 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad