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Neutral Citation No. - 2025:AHC:135374 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26608 of 2025 Applicant :- Jillu Alias Islamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 225 of 2025, under Sections 190, 191(1), 191(2), 191(3), 109(1), 115(2), 351(2), 125, 3(5) of B.N.S. and Sections 3/25/57 of Arms Act, police station Lisarigate, district Meerut, during the pendency of trial. As per the prosecution case, in brief, complainant who is father of the injured-victim got a first information report lodged on 04.04.2025 against Babar, Kallu, Saqib, Jillu (applicant), Junaid, Salman Sagal Putiya, Shadab and 8-10 unknown persons making allegations inter alia that on 04.04.2025 when his son Shawez was returning from the court, the accused persons in collusion with each other started beating him. When his son tried to escape, accused Babar made a fire shot at him which hit his abdomen, thereafter, other associates of Babar also opened fire at his son whereby he received three firearm injuries. It is argued by learned counsel for the applicant that as per medical examination report of injured-Shawez, he has received twelve injuries, in which injury No. 1 is in the nature of abraded contusion, injury Nos. 2 and 3 are red abrasion, injury Nos. 5 and 6 are red
contusion, injury Nos. 4, 7, 8, 10, 11 and 12 are lacerated wound and injury No. 9 is in the nature of multiple abrasion and as per opinion of the doctor, said injuries were received by hard and blunt force. The injured was admitted in hospital on 04.04.2025 and he was discharged on the next date i.e.
05.04.2025. Referring the supplementary report, it is pointed out that injured has received firearm injuries in upper and lower abdomen, which have been attributed to co-accused Babar. It is also submitted that main role of fire shot has been attributed to co- accused Babar and general role of firing has been assigned to all the co-accused persons. Co-accused Dilshad, Faizan and Junaid have been granted bail by the Coordinate Bench of this Court vide common
order dated 03.06.2025 in Criminal Misc. Bail Application No. 17271 of 2025, co-accused Junaid and Kallu have been granted bail vide order dated 04.06.2025 in Criminal Misc. Bail Application No. 17367 of 2025, co-accused Gufran and Zeeshan have been granted bail vide order dated 25.06.2025 in Criminal Misc. Bail Application No. 20928 of 2025, co-accused Shadab has been granted bail vide order dated 08.07.2025 in Criminal Misc. Bail Application No. 18177 of 2025 and co-accused Samar and Amir have also been granted bail vide common order dated 04.08.2025 in Criminal Misc. Bail Application No. 16484 of 2025 and the case of present applicant stands on identical footing to that of aforesaid co- accused persons, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal antecedents. Lastly, it is submitted by the
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 is languishing in jail since 23.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Dilshad, Faizan, Junaid, Kallu, Junaid, Gufran, Zeeshan, Shadab, Samar and Amir under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that prima facie the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Jillu alias Islamuddin, 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:- (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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. It is made clear that benefit/parity of this order shall not be extended to co-accused Babar.
Order Date :- 11.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad