HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32657 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, Sri Abou Sofian Usmani, learned counsel for the informant and the learned A.G.A. for the State of U.P. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2026 under Sections 115(2), 352, 109(1), 125, 324(4), 351(3) and 3(5) of B.N.S., Police Station- Dildarnagar, District- Ghazipur. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. A total of 12 persons have been nominated in the F.I.R. As per the allegation in the F.I.R., the applicant armed with Lathi, co-accused Mozammil Khan armed with iron rod with another co-accused caused injury to the injured. It is further contended that two persons from the side of applicant, have received injuries. Co-accused of the applicant namely Mozammil Khan and Shahjahan Khan have already enlarged bail by the co-ordinate Bench of this Court vide orders dated 17.8.2026 and 22.06.2026 passed in Criminal Misc. Bail Application Nos. 22175 of 2026 and 21177 of 2026, respectively. It is further submitted that it cannot be ascertained at this stage as to which party was aggressor. Criminal history of the applicant has been explained in supplementary affidavit. Learned counsel for applicant further submits that applicant has been languishing in jail since 13.8.2026 and in case, he is released on bail, he will not misuse the liberty Versus Counsel for Applicant(s) : Bed Prakash Rai Counsel for Opposite Party(s) : Abou Sofian Usmani, G.A. Jamal Kha .....Applicant(s) State of U.P. .....Opposite Party(s) of bail and will cooperate in trial. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for grant of bail to the applicant and submitted that there is ample evidence against the applicant regarding his involvement in the offence, therefore, he is not entitled to be released on bail. I have considered the rival submissions of the parties and perused the record. Having considered the rival submissions advanced by learned counsel for the parties, the nature of accusations, the evidence brought on record, the period of incarceration undergone by the applicant, explanation of criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds that the applicant has made out a case for grant of bail. Accordingly, the bail application is allowed. Let applicant, Jamal Kha be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (i). The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). 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 BAIL No. 32657 of 2026 2 officer or tamper with the evidence. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. 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 21, 2026 Brijesh BAIL No. 32657 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad