HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29030 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. (1) Heard Mr. Sunil Kumar, learned counsel for the applicant, learned A.G.A. representing the State and Mr. Preet Pal Singh Rathore, learned counsel for the first informant. (2) By means of this bail application, applicant Asif, who is involved in Case Crime No. 847 of 2024, under Sections 191(2), 191(3), 190, 115(2), 125, 351(2), 352, 109, 117(2), 3(5) BNS, police station Khurja Nagar, district Bulandshahar, seeks enlargement on bail during the pendency of trial. (3) Brief facts of the case, which are required to be stated that are that complainant-Smt. Seema Parveen got a first information report lodged on 15.09.2024 against 14 accused persons, namely, Arif, Tauseef, Asif (applicant), Shahan, Danish, Nazim, Rashid, Wakar, Afraz, Umair, Abbuzar, Maaz, Khubeb and Asif stating inter-allia that she and her husband are owner and in actual physical possession over the property situated at Munda Kheda Chauraha since April, 2021. On 14/15.09.2024 at about 12:15 pm, her husband Haji Aslam had gone to park his vehicle on his property, where the aforesaid named accused persons came along-with country-made pistol, lathi and sticks and started abusing and beating her husband Haji Aslam and his driver. Arif and Danish started firing from pistols saying that they should not be spared today. At that time, Azim, Asif and other people came at the spot and saved her husband. (4) It is argued by learned counsel for the applicant that:- (i) As per the prosecution case, 14 accused persons have been assigned the role of assault to complainant's husband Hazi Aslam by lathi and danda, out of which, role of firing has been assigned to two co-accused Arif and Danish but as per medical examination report of Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A., Preet Pal Singh Rathore, Ram Babu Singh Asif .....Applicant(s) State of U.P. .....Opposite Party(s) injured Hazi Aslam, he has received following four injuries:- “(a) Traumatic swelling 2X2 c.m. on right hand small finger middle KUO. (b) Brownish red abrasion 3 X 1 C.M. on right elbow joint lateral side. (c) Contusion dark red 3 X 2 c.m. on right leg lateral side 15 c.m. below knee joint. (d) Contusion dark red 3 X 2 c.m. on back left side 5 c.m. below scapular area." (ii) Referring the supplementary report dated 17.09.2024, it is pointed out that hair line fracture was also seen at the base of second metacarpal. (iii) It is further pointed out that it has not been specified that out of 14 accused persons, who has caused the aforesaid four injuries found on the body of injured Hazi Aslam. (iv) Referring the statement of the injured, it is also pointed out that the injured attributing the general role of assault to all the accused persons, has also stated inter-alia that Arif has fired at him but he narrowly escaped. (v) Much emphasis has been given by contending that the applicant has been falsely implicated in the present case on account of civil dispute between the parties concerned. In this regard, it is pointed out that out of 14 accused persons, seven accused persons have jointly preferred Criminal Misc. Writ Petition No.21498 of 2024 (Asif and 6 others Vs. State of U.P. and 2 others) whereas Arif and Danish have preferred separate Criminal Misc. Writ Petition No.18328 of 2024 for quashing of F.I.R. dated 15.09.2024 of Case Crime No.0847 of 2024, in which their arrest was stayed vide orders dated 27.11.2024 and 29.11.2024 respectively during investigation. (vi) It is also pointed out that in the present case, after culmination of the investigation, charge-sheet has been submitted on 23.05.2025, on which concerned court below took cognizance and summoned the applicant and co-accused on the same day, i.e., on 23.05.2025. Thereafter, on the basis of two base cases being Case Crime No.847 of 2024 and 752 of 2021, F.I.R. under Sections 2/3 U.P. of Gangster and Anti-Social Activities (Prevention) Act, 1986 has been registered against the applicant and 10 other co-accused on 19.06.2025 at Case Crime No.0529 of 2025, Police Station Khurja Nagar, District Bulandshahr, in which the applicant was surrendered on 03.07.2025 and thereafter he was taken into custody in the present case on BAIL No. 29030 of 2025 2 18.07.2025 and since then he is in jail. (vii) So far as the criminal history of the applicant is concerned, it is pointed out that the applicant has criminal history of total 08 cases including the present case as mentioned in paragraph no.29 of the bail application. The explanation given on behalf of applicant are as under:- (a) In Case Crime No. 648 of 2014, under Sections 323, 452, 504 IPC, Police Station Khurja Nagar, District Bulandshahar, closure/final report has been submitted, which was accepted by the concerned Court on 09.11.2017. (b) In Case Crime No. 1019 of 2015, under Sections 147, 148, 323, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahar, the applicant has been granted bail. (c) Two cases being Case Crime No. 749 of 2021, under Sections 147, 148, 149, 307, 323 IPC and Section 7 Criminal Law Amendment Act, Police Station Khurja Nagar, District Bulandshahar and Case Crime No. 752 of 2021, under Sections 147, 148, 149, 323, 307, 336, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Khurja Nagar, District Bulandshahar have been lodged by the police at the behest of the complainant and her husband, in which the applicant has been granted bail. (d) The Case Crime No. 10 of 2022, under Section 3(1) of U.P. Control of Goondas Act, Police Station Khurja Nagar, District Bulandshahar has been registered against the applicant and proceeding of the said case is still pending. (e) The present case being Case Crime No. 847 of 2024, under Sections 191(2), 191(3), 190, 115(2), 125, 351(2), 352 BNS, Police Station Khurja Nagar, District Bulandshahar has been lodged by the complainant. (f) In Case Crime No. 529 of 2025, under Section 2/3 Gangster Act, the applicant has been granted bail by this Court vide order of even date passed in Criminal Misc. Bail Application No. 26479 of 2025. (g) The Case Crime No. 687 of 2025, under Sections 221, 223, 61(2) BNS and Section 67 I.T. Act, Police Station Khurja Nagar, District Bulandshahar has been registered against the applicant when he was in jail. (viii) It is further pointed out that the injured-Haji Aslam who is husband of the complainant has also a long criminal history of following 12 cases: BAIL No. 29030 of 2025 3 (a) Case Crime No. 319 of 1995, under Sections 302, 307 IPC, Police Station Khurja Nagar, District Bulandshahar, (b) Case Crime No. 363 of 1995, under Section 2/3 Gangster Act, Police Station Khurja Nagar, District Bulandshahar, (c) Case Crime No. 04 of 2004, under Sections 307, 332, 323, 225, 147 IPC and Section 7 Crimninal Law Amendment Act, Police Station Khurja Nagar, District Bulandshahar, (d) Case Crime No. 616 of 2010, under Sections 467, 468, 471, 420, 120B IPC, Police Station Khurja Nagar, District Bulandshahar, (e) Case Crime No. 17 of 2011, under Section 17-A, Police Station Khurja Nagar, District Bulandshahar, (f) Case Crime No. 07 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station Khurja Nagar, District Bulandshahar, (g) Case Crime No. 041 of 2021, under Sections 323, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahar, (h) Case Crime No. 749 of 2021, under Sections 147, 148, 307, 323 IPC, Police Station Khurja Nagar, District Bulandshahar, (i) Case Crime No. 753 of 2021, under Sections 147, 146, 149, 307 IPC, Police Station Khurja Nagar, District Bulandshahar, (j) Case Crime No. 73 of 2022, under Gangster Act, Police Station Khurja Nagar, District Bulandshahar, (k) Case Crime No. 146 of 2022, under Sections 363, 376, 504 IPC and Section 4 POCSO Act, Police Station Jahangirabad, District Bulandshahar, (l) Case Crime No. 337 of 2023, under Section 302 IPC, Police Station Khurja Nagar, District Bulandshahar. (ix) Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.07.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. (5) Per contra, learned A.G.A. for the State as well as learned counsel for the first informant opposed the prayer for bail of the applicant by contending that it is a third attempt where the applicant tried to kill the complainant and her husband. Hence, the bail application of the applicant is liable to be rejected. BAIL No. 29030 of 2025 4 (6) Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant as well as the injured Haji Aslam (husband of the complainant) both have long criminal history as noted above. The F.I.R. has been lodged against 14 accused persons and general role of assault has been assigned to all the accused with lathi and sticks, whereas injured has received four injuries as noted above and as per the statement of the injured, he has assigned the specific role of fire-shot to co-accused Arif. Hence, case of the applicant is distinguishable from the case of Arif. (7) Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. (8) Let the applicant Asif 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. (9) In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 1, 2025 Shubham BAIL No. 29030 of 2025 5 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad