HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32452 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Syed Abbas Shaukat Abidi, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. This is a second bail application filed on behalf of the applicant with a prayer to release the applicant on bail in Case Crime No. 152 of 2025, under Sections 191(2), 191(3), 190, 131, 125, 121(2), 132, 109(1), 103(1), 61(2), 50, 351(3) of B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station Mansoorie, District Ghaziabad, during the pendency of the trial. The first bail application of the applicant being Criminal Misc. Bail Application No. 36602 of 2025 was got dismissed as withdrawn on 16.04.2026. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR; subsequently, in the confessional statement of co-accused Abdul Salam, the name of the applicant surfaced as an accused, as the person who came on the spot to snatch Kadir from the police party and fired upon the police, but there is no recovery of any weapon from the possession of the applicant. The recovery of weapons has been shown from co-accused Nanu, Kadir, Abdul Salam, Abdul Rahman and Adil. The applicant has been falsely implicated in the present case merely on the basis of apprehension and doubt, though there is no material against the applicant. It is further submitted that though the charge has been framed on 25.02.2026, but till date, not a single prosecution witness has come forward despite several summons being sent by the trial court. 4. It is further submitted that co-accused Mehraz, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 25822 of 2026 vide order dated 19.08.2026. Therefore, the applicant having an identical role, is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained the criminal Versus Counsel for Applicant(s) : Syed Abbas Shaukat Abidi, Syed Ahmed Faizan, Syed Ali Shaukat (Abidi) Counsel for Opposite Party(s) : G.A. Haseen .....Applicant(s) State of U.P. .....Opposite Party(s) history of five cases. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 27.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail keeping in view the nature of offence, evidence, complicity of the 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., 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- Haseen, 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. 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 BAIL No. 32452 of 2026 2 by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 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. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Ghaziabad via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order 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 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. (Arun Kumar Singh Deshwal,J.) September 23, 2026 SA BAIL No. 32452 of 2026 3 Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad