HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32331 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Sri Mohd. Harish, learned Advocate filed his power on behalf of informant, today in the Court, which is taken on record. 2. Heard Sri Deepak Rana, learned counsel for the applicant, Sri Mohd. Harish, learned counsel for informant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 642 of 2025, under Sections 103(1), 191(2), 191(3), 190, 352, 351(3), 3(5) BNS, Police Station Murad Nagar, District Ghaziabad during pendency of the trial. 4. Learned counsel for the applicant submits, however as per allegation applicant alongwith four others including co-accused Kaif by causing firearm injury committed murder of deceased but entire allegations leveled against the applicant are totally false. 5. He next submits, even only general role has been assigned to all the accused and postmortem report suggests, deceased sustained only two injuries and therefore prima facie it appears to be a case of over implication. 6. He next submits, even co-accused Kaif has been released on bail by this Court vide order dated 21.07.2026 passed in Criminal Misc. Bail Application No.24712 of 2026 and case of applicant is at par with him. 7. He next argued, applicant was not having any previous criminal history but when applicant was in the custody then informant of the case lodged FIR Versus Counsel for Applicant(s) : Deepak Rana Counsel for Opposite Party(s) : G.A. Ubaid .....Applicant(s) State of U.P. .....Opposite Party(s) against him with the allegation that applicant under custody abused him. 8. He next submits, in the present matter applicant is in jail since 21.12.2025. 9. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR alongwith four others including co-accused Kaif and as per allegation by causing firearm injury they committed murder of the deceased but co-accused Kaif has already been released on bail and case of applicant is at par with him. 12. Further, even it reflects, general role has been assigned to all the accused and as per prosecution all the five accused opened fire but deceased sustained only two injuries therefore prima facie it appears to be a case of over implication. 13. Further, however, it reflects, apart from the present case applicant is having criminal history of one another case but he was not having any previous criminal history and it reflects, above case was lodged by informant side when applicant was in custody with the allegation that while he was in custody then he abused the informant. Considering the bitter enmity between the parties, in view of this Court, it is not proper to withhold the bail application of the applicant on the basis of above case. 14. Further, in the present matter applicant is in jail since 21.12.2025. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Ubaid 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless BAIL No. 32331 of 2026 2 his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 18, 2026 AK Pandey BAIL No. 32331 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad