HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26309 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri A.Z.Khan, learned counsel for the applicant and Shri S.K.Rai, learned A.G.A. Ist, learned counsel for the State-respondents and perused the record. The present bail application has been filed by the applicant Usman @ Katta with a prayer to enlarge him on bail in Case Crime No. 59 of 2025, under sections-3 (5), 191 (1), 190, 109 (1), 103 (1), 115 (2) of B.N.S. and 3/25/27 Arms Act, Police Station-Deoband, District-Saharanpur, during pendency of trial. Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 01.02.2025. He further submits that first information report was lodged by the informant, namely Yameen, against 11 named and 8-10 unknown persons with the allegation that due to enmity between him and accused persons, with regard to some land, on the date of incident all the accused persons came to the place of incident armed with country made pistol, sharp edged weapon and iron rod attacked upon the first informant, Saleem, Taseen, Firoz, Abid and Wajid. It has been further mentioned that the applicant and co-accused Naiem @ Balli, armed with country made pistols, started firing, in which one Shakir sustained fire arm injury, first informant and other persons sustained severe injuries and later on during treatment Shakir died. In the post mortem report the cause of death has been mentioned as Shock and Versus Counsel for Applicant(s) : A.Z.Khan Counsel for Opposite Party(s) : G.A. Usman Urf Katta .....Applicant(s) State of U.P. .....Opposite Party(s) Haemorrhage due to Antemortem Injuries. He further submits that only one gun shot injury was present over the body of the deceased and it is not clear who is author of the said injury. Learned counsel for the applicant submits that the real fact is that on the date of incident there was measurement of the land in dispute and during measurement a scuffle took place between both the parties in which two persons from the applicant's side also sustained injuries. A first Information Report for the said incident was also lodged by the applicant's side by filing an application under Section 156 (3), being First Information Report No. 168 of 2025. It is a cross case version. The applicant and other co-accused namely Naiem @ Balli have been assigned the role of firing but no specific role has been given to the applicant of giving fire arm injury to the deceased. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. Per contra, learned A.G.A. has vehemently opposed the prayer for bail to the applicant but could not dispute the aforesaid facts. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Usman @ Katta, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the BAIL No. 26309 of 2025 2 trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 4, 2025 Deepak/ BAIL No. 26309 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad