Neutral Citation No. - 2025:AHC:129631 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26456 of 2025 Applicant :- Tufail @ Toufeeq And Another Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Irshad Ahmad, learned counsel for the applicants, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 4. Applicants seek bail in Case Crime No.202 of 2025, under Sections 109(1) B.N.S. and 3/25 Arms Act, Police Station- Mundapandey, District- Moradabad, during the pendency of trial. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. It is a police party firing no injury case rather it is the applicant no.2 who has been injured in the cross fire by the police. 6. It is further argued by learned counsel for the applicants that the criminal history assigned to the applicants stands explained vide supplementary affidavit filed today in Court. The applicants are languishing in jail since 24.5.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that there is no injury sustained by any police personnel, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 10. Let the applicants- Tufail @ Toufeeq and Raza Chaudhary who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date :- 1.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad