HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31117 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 145 of 2025, under Sections 191(2), 191(3), 190, 103(1) B.N.S., 2023, Police Station-Modinagar, District-Ghaziabad during the pendency of trial. 3-As per the prosecution case in brief, complainant Aabid got a first information report lodged on 02.03.2025 against Ahsan, Sartaj, Mofid, Nisha, Ramanand Mishra and 10-15 other persons stating inter-alia that his son namely Albaksh (deceased) used to play hand drum (dholak) with Pooja kinnar in the area of Modinagar. On 01.03.2025 at about 11:00 p.m., Albaksh along with his friends went to collect congratulations from the mandaps in the area of Pooja Kinnar. As soon as they reached at Maruti Nexa showroom in Sikri, above named accused persons who were already ambushed there with sticks and sharp weapons, with an intention to kill, attacked upon them, whereby they have received injuries. Ahsan took out his pistol and started firing. Sartaj, who was having a sword, attacked on Albaksh with his sword, causing his death on the spot due to excessive bleeding. 4-It is argued by learned counsel for the applicant that in the F.I.R., general role of assault has been attributed to all the accused persons with sticks and sharp edged weapon. So far as the present applicant Versus Counsel for Applicant(s) : Arshi Abdy, Syed Mohammad Abbas Abdy Counsel for Opposite Party(s) : G.A., Kushagra Srivastava, Shahrukh Ahsan .....Applicant(s) State of U.P. .....Opposite Party(s) is concerned, it is stated that he started firing with his country-made pistol and co-accused Sartaj has caused an injury on the neck of the deceased with his sword whereas the said allegation levelled in the F.I.R. with regard to present applicant and co-accused Sartaj is not corroborated from the medical report of the deceased. In this regard, it is pointed out that since no injury of sword was found on the body of the deceased, therefore, Sartaj has been granted bail by the co- ordinate Bench of this Court vide order dated 18.08.2025 in Criminal Misc. Bail Application No. 23477 of 2025. So far as the allegation against the present applicant is concerned, learned counsel for the applicant has referred the statement of eye witnesses, namely, Sadim and Rashid, wherein they have stated inter-alia that co-accused Ramanand Mishra has fired a gun shot, which hit to the deceased whereby he fell down. In the light of statement of both the eye- witnesses, it is further submitted that the case of present applicant is distinguishable from the case of co-accused Ramanand Mishra, who is the main accused in this case, therefore, the applicant who has no criminal antecedent to his credit and is languishing in jail since 18.03.2025 may be enlarged on bail. 5-On the other hand, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant but they could not dispute the statement of the eye- witnesses namely Sadim and Rashid. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that Sadim and Rashid are the eye-witnesses of the incident in question and they have attributed the main role of causing fire arm injury to co-accused Ramanand Mishra, therefore, the case of present applicant is distinguishable from the case of Ramanand Mishra. This Court is of the view that in the light of statement of both the eye witnesses, applicant has made out a prima-facie case for bail. 7-Accordingly, the instant bail application is hereby allowed. 8-Let the applicant-Ahsan, 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 BAIL No. 31117 of 2025 2 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 parity/benefit of this order shall not be extended to co-accused Ramanand Mishra. September 18, 2025 Saurabh BAIL No. 31117 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad