HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17247 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Tarun Kumar Chauhan, learned counsel for the applicant, Sri Ram Kumar Verma, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 165 of 2023, under Sections 302, 394, 411, 34 I.P.C. and 3/25/27 Arms Act ,Police Station NOIDA Sector-58, District- Gautam Budh Nagar. 3. This is second bail application. The first bail application was rejected by a Co- ordinate Bench of this Court in Criminal Misc. Bail Application No.33645 of 2024 vide order dated 18.11.2024. 4. As per prosecution story, two motorcycle born boys came on the spot where the deceased was standing near a Falooda shop along with his servant Fatku. the pillion rider got down from the motorcycle and fired upon the deceased. 5. Learned counsel for the applicant has submitted that the applicant was not named in the FIR. His name was surfaced in the statement of co-accused Shahbaz. Subsequently the applicant and co-accused Shahbaz were arrested along with co-accused Gayasu and one pistol of 0.32 bore was recovered from the applicant and .315 bore was recovered from the co-accused Shahbaz. Similarly one country made pistol was recovered from the Gyasu. 4. Learned counsel for the applicant submitted that the servant of the deceased, who was present at the time of incident did not identify the applicant and he clearly stated that both the accused have covered their face with mask for that reason he could not identify. It is further submitted that during the trial, the eye witness Fatku refused to support the prosecution story and stated that police had never shown him the CCTV footage and he did not identify the present applicant or co-accused. It is further submitted that no eye witness identified the applicant and he has been falsely Versus Counsel for Applicant(s) : Sarvesh Kumar Yadav, Sitesh Kumar, Tarun Kumar Chauhan Counsel for Opposite Party(s) : G.A. Bijji Alias Vijay Alias Brijesh .....Applicant(s) State of U.P. .....Opposite Party(s) implicated only on the basis of confessional statement of co-accused Shahbaj. Post mortem report of the deceased shows that he received one fire arm injury though three fire arms were recovered from three persons, and identity of person, who fired upon the deceased could not be established. It is further submitted that trial is going on and the applicant has explained the criminal history of three cases in the accompanying affidavit. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. It is lastly submitted that out of 49 witnesses, 12 witnesses have been examined till date and trial is not likely to be concluded in near future. Therefore the applicant is entitled to be released on bail. The applicant is languishing in jail since 06.05.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that eye witness, Faltu did not identify the applicant as a person, who fired upon the deceased and there is no other eye witness of the incident in question; coupled with the fact that recovery of fire arms from three persons and post mortem report shows that the deceased received only one fire arm injury, and also taken into account the incarceration of the applicant and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Bijji @ Vijay @ Brijesh involved in the aforementioned crime be released on bail, on his 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. BAIL No. 17247 of 2025 2 iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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 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. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026. 14. Application, if any, stands disposed of. September 24, 2026 A.Kr. BAIL No. 17247 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad