HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5043 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.693 of 2024, under Sections 191(2), 191(3), 190, 109(1), 118(1), 131 of B.N.S. 2023, Police Station- Banna Devi, District- Aligarh. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has been named along with 8 other accused persons and 5 to 6 unknown persons. In the First Information Report, which has been lodged by the injured himself, the role of causing gunshot injury on the head of the victim, has been assigned to the applicant and the co-accused Aamir. Later on, in the medical examination report, no gunshot injury was found and only incised wounds were found. The prosecution version was then changed and the applicant was also assigned the role of causing incised wounds. The applicant has a criminal history of six cases, in which the applicant is on bail. The applicant is not a previous convict and he is in jail since 22.11.2025. The Learned counsel for the applicant further contends that the similarly situated co-accused viz. Talib, Jubair Alais Khanna, Azad, Kamran, Imran Ali and Shoeb have been granted regular bail by this Court vide its orders dated 11.02.2025, 11.02.2025, 31.1.2025, 24.1.2025, 21.1.2025 and 27.11.2024 passed in Criminal Misc. Bail Versus Counsel for Applicant(s) : Manoj Kumar Srivastava, Pratima Pandey Counsel for Opposite Party(s) : G.A. Shahrukh .....Applicant(s) State of U.P. .....Opposite Party(s) Application No. - 46590 of 2024, Criminal Misc. Bail Application No. - 46725 of 2024, Criminal Misc. Bail Application No. - 45046 of 2024, Criminal Misc. Bail Application No. - 43696 of 2024, Criminal Misc. Bail Application No.882 of 2025 and Criminal Misc. Bail Application No. - 42580 of 2024, respectively. The case of the applicant is also at par with that of the co-accused. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, could not dispute the fact similarly situated co- accused have been granted bail by this Court. The Learned A.G.A. has also not disputed the explanation given by the Learned counsel for the applicant with respect to criminal antecedents of the applicant. 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. In the First Information Report, the applicant and the co-accused Aamir have been assigned the role of causing gunshot injury on the head of the injured. General role of using knives to cause injury on the person of the injured has also been given in the First Information Report, however, it is the specific case that the applicant wielded a firearm alongwith the co- accused Aamir and fired four to five rounds on the victim. In the medical examination report, no gunshot injury has been found on the victim and only incised wounds have been found. Similarly situated co-accused viz. Talib, Jubair Alais Khanna, Azad, Kamran, Imran Ali and Shoeb have been granted regular bail by this Court vide its orders dated 11.02.2025, 11.02.2025, 31.1.2025, 24.1.2025, 21.1.2025 and 27.11.2024 passed in Criminal Misc. Bail Application No. - 46590 of 2024, Criminal Misc. Bail Application No. - 46725 of 2024, Criminal Misc. Bail Application No. - 45046 of 2024, Criminal Misc. Bail Application No. - 43696 of 2024, Criminal Misc. Bail Application No.882 of 2025 and Criminal Misc. Bail Application No. - 42580 of 2024, respectively. The applicant is in jail since 22.11.2025 and a charge-sheet has now been submitted and the applicant is no longer required for any custodial interrogation and recoveries. 7. In view of the entire facts and circumstances of the case, especially BAIL No. 5043 of 2026 2 taking into account the fact that all the other co-accused have been granted bail by this Court and the applicant is in jail since 22.11.2025, I deem it appropriate to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Shahrukh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 6, 2026 Sachin BAIL No. 5043 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad