Neutral Citation No. - 2025:AHC:132976 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26919 of 2025 Applicant :- Naeem Opposite Party :- State Of U.P. Though It Principal Secretary (Home) Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Naeem with a prayer to release him on bail in Case Crime No. 208 of 2025, under Sections 191(2), 191(3), 190, 109(1), 351(2) B.N.S., Police Station-New Mandi, District-Muzaffar Nagar, during the pendency of trial. 3-As per the prosecution case in brief, complainant- Aas Mohammad got a first information report lodged on 24.04.2025 for the offence under Sections 191(2), 191(3), 190, 109, 351(2) against Armaan, Intzaar, Naeem (applicant), Khushaal, Amrez and 2-3 relatives of Intzaar making allegation inter-alia that on 18.04.2025, his brother Chand Mohammad was surrounded by the accused persons but any how, he ran away from the spot and made a complaint to police on 19.04.2025. On account of the said reason, on 23.04.2025 at about 08:30 pm, Chand Mohammad was again caught by Naeem (applicant), Khushaal and the relatives of Intzaar and on their exhortation, Armaan and Intzaar fired at Chand Mohammad, whereby he received injury and fell down. 4-It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. As per the F.I.R. version, role of fire shot has been assigned to co-accused Armaan and Intzaar but during investigation, when the statement of the injured Chand Mohammad was recorded, he has specified the role of causing fire arm injury to co-accused Armaan, which is corroborated from his medical examination report, hence, the case of the present applicant is distinguishable from the case of co-accused Armaan. Lastly it is submitted by 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 has a criminal history of one case, in which he has been granted bail, averment in this regard has been made in paragraph no. 21 of the bail application. The applicant is languishing in jail since 22.06.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the injured-Chand Mohammad has received two injuries. The injury no. 1 is caused by fire arm whereas the injury no. 2 is in the nature of reddish brown abrasion. The role of firing shot has been assigned to co-accused Armaan, hence, the applicant has made out a prima-facie case for bail. 7-Accordingly, the instant bail application is allowed. 8-Let the applicant-Naeem, 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 which are being imposed in the interest of justice:- (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 before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10-It is made clear that benefit/parity of this order shall not be extended to the main accused Armaan. Order Date :- 6.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad