HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41589 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ziauddin Farooqui, learned counsel for the applicant and Sri B.P. Maurya, learned AGA appearing for the State respondents and Sri Ajay Kumar Mishra and Sri Mohit Kumar Jaiswal, learned counsel for the first informant. 2. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 16 of 2025, under Sections 191(2), 191(3), 190, 103(1) BNS and Section 3/25 of Arms Ac, registered at Police Station Rehra, District Amroha, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted three co-accused Qamar Khan, Saleem and Rehan have already been granted bail by a co-ordinate Bench of this Court and the role of the applicant is not distinguishable from the role of above co- accused. It is further submitted that there is no eye witness of the occurrence and so-called eyewitnesses have reached the place of the occurrence after the incident was over and he has been languishing in jail since 13.2.2025 and he is having criminal history of 18 cases and in all the cases he is on bail. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Irshad Ahmad, Ziauddin Farooqui Counsel for Opposite Party(s) : Ajay Kumar Mishra, G.A., Nasiruzzaman Nazim .....Applicant(s) State of U.P. .....Opposite Party(s) 4. On the other hand, learned counsel for the first informant and learned AGA have opposed the prayer for grant of bail and it is submitted that the case of the applicant is distinguishable from the case of co-accused who have been granted bail as the applicant is having long history of criminal case including murder, attempt to murder and rape and weapon of offence i.e. country-made pistol is said to have been recovered from the possession of the applicant. It is further submitted that the trial is at the stage of conclusion as the I.O. remains to be examined before the trial Court and 30.9.2026 is fixed for his examination. It is lastly submitted that in all likelihood, trial is due to conclude in near future. 5. As per allegations in the first information report, the applicant and five other co-accused are said to have opened fire on the deceased as as result of which the deceased succumbed to injuries. Post-mortem report shows the following ante-mortem injuries on the person of the deceased: (1) Entry wound lacerated wound of size 2 cm x 7 cm over left side of skull 6 cm above left ear pinna, blackening and tattooing and present, hair chormed and margin everted. (2) Found of metallic bullet right side upper part of face 8 cm medial to right ear opening. (3) Firearm wound of entry size 2 cm x 2 cm right side of skull 8 cm above right ear pinna, margin are everted. (4) Firearm would of entry size 15 cm x 15 cm left side of skull, margin are everted left parietal temporal bone, occipital fracture. Brain matter over imposed and lacerated. Cause of death has been shown as ante-mortem injuries of fire arm. During investigation, weapon of the offence i.e. country-made pistol is said to have been recovered from the possession of the applicant. co- accused Qamar Khan, Saleem and Rehan have already been granted bail by a co-ordinate Bench of this Court, however, nothing incriminating has been recovered from their possession and they were having no criminal history, therefore, the case of the applicant is distinguishable from the above co-accused who have been granted bail. The applicant is having BAIL No. 41589 of 2025 2 long history of criminal case involving serious offences like murder, attempt to murder and rape and as submitted by the learned counsel for the first informant and the AGA trial is likely to be concluded in near future as the I.O. remains to be examined before the trial Court. 6. Considering the nature of the allegations levelled against the applicant and other attending facts and circumstances of the case and without expressing any opinion on its merit, no case for grant of bail is made out. 7. Present application is accordingly dismissed. 8. However, the learned trial Court is directed to expedite the trial of the case as expeditiously as possible, preferably within a period of four months provided the applicant cooperates in the trial. 9. The applicant shall be at liberty to move this Court for grant of bail afresh if the trial is not concluded within the aforesaid period. September 18, 2026 Abhishek BAIL No. 41589 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad