HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33374 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Faizan Ahmad, learned advocate, holding the brief, appeared for the accused-applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Tinku to enlarge him on bail in Case Crime No. 881 of 2015, under Section 307 IPC, P.S.- Deoband, District- Saharanpur, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been falsely implicated in F.I.R. dated 06.11.2015 lodged by the informant that three accused persons including the accused- applicant have opened fire on informant's brother. The role of firing is attributed on all the three persons. The accused-applicant has moved the writ court, wherein his arrest was stayed. Later on, the final report was submitted and a protest petition was moved by the informant, the same was treated as a complaint. The applicant never came to know about the pendency of the trial in complaint case and when he came to know about the processes, he has surrendered before the court on 27.07.2026 and since then, he is in jail. The other two co-accused have already been granted bail by the coordinate Bench of this Court. The applicant has one case criminal history, wherein, he is on bail. The applicant is in jail since 27.07.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the Versus Counsel for Applicant(s) : Mary Puncha (Sheeb Jose), Mohd. Kalim Counsel for Opposite Party(s) : G.A. Tinku .....Applicant(s) State of U.P. .....Opposite Party(s) applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered that initially the final report is submitted in favour of the accused-applicant, who has not been arrested during investigation and complicity of accused-applicant. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 18, 2026 Shivangi BAIL No. 33374 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad