State Of U.P. Thru. Prin. Secy. Home Lko. vs Party(s)

1. Heard Sri Anamika Singh, the learned counsel appearing on behalf of the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A. appearing on behalf of the State and Shri Sabir Khan, Advocate holding brief of Sri Mohd. Warid Irfan, the learned counsel for the complainant.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.43 of 2025 under Sections 191(2), 191(3), 190, 352, 351(3), 109, 110 of B.N.S. registered at Police Station- Raniganj, District- Pratapgarh.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on

20.02.2025 against eight named persons, including the applicants, and four unnamed persons, stating that there is an old animosity between the parties due to which the accused persons had beaten up the complainant at an earlier occasion also, regarding which a case has been registered and is pending. Because of the aforesaid animosity, all the accused persons attacked the informant's brothers Mohd. Irshad and Jahid Ali at about 10:30 am on

19.02.2025 while the informant and his brothers had gone to attend an annual festival in a Madarsa. The FIR alleges that all the accused persons fired shots with country-made pistols towards the complainant's brothers due to which both of them got seriously injured. The injured persons were taken to Trauma Centre, Raniganj from where they were referred to the District Hospital, 2 BAIL No. 5547 of 2025 Pratapgarh and, thereafter, they were referred to A.I.I.M.S. Raebareli.

4. In the statement of the complainant recorded by the Investigating Officer, he reiterated the FIR version wherein he had stated that all the accused persons had fired gunshots.

5. The Investigating Officer has recorded statements of some eye witnesses, who have identically worded and wherein it has been stated that all the accused persons were firing indiscriminately and the accused persons also got a chance to fire shots due to which Mohd. Jahid suffered an injury in his thigh and Mohd. Irshad suffered an injury near his abdomen near the ribs and on his hand.

6. The injured Mohd. Jahid Khan and Mohd. Irshad have also given identical statements stating that the Imran @ Topi @ Shoeb (the applicant No.1), Javed (the applicant No.2), Nadeem and Anul were firing shots. Interestingly, Jahid has stated that a surgical operation was carried out to remove bullet from the hand of his brother Irshad and Mohd. Irshad has also stated that a surgical operation of his brother was conducted to remove a bullet from his hand.

7. The medico-legal examination report mentions numerous injuries suffered by both the injured persons including gunshot injuries with tattooing present but the supplementary medico-legal examination report mentions no fracture suffered by any injured person.

8. In the affidavit filed in support of the bail application it has been stated that the applicants are innocent and they have been falsely been implicated in the present case.

9. The involvement of applicant No.1 in a case under Section 323, 504, 506 IPC has been disclosed in rejoinder affidavit in which he has been released on bail. The applicant No.2 has no criminal history.

10. Co-accused Majid Ali has been granted bail in the present case by means 3 BAIL No. 5547 of 2025 of an order dated 01.07.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.6102 of 2025. Another co-accused person- Nadeem has also been granted bail by the Juvenile Justice Board.

11. The learned A.G.A. as well as the learned counsel for the complainant have opposed the prayer for bail and they have submitted that two persons have received gunshot injuries in the incident and the allegation of firing has been levelled against the applicants.

12. In reply to the aforesaid submission, the learned counsel for the applicant has submitted that the allegation of firing has been levelled against all the accused persons, including against co-accused Majid Ali, who has already been granted bail.

13. The investigation already stands concluded and a charge-sheet has been submitted on 17.05.2025 against the applicants and two other co-accused persons. Investigation against other four accused persons is still pending.

14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR levels allegation of firing against all the accused persons and the applicant and the injured persons have also levelled allegation of firing against all the accused persons; the injured Jahid Khan has levelled allegation of firing against four persons, including the applicants, and he has stated that his brother Irshad had undergone a surgical operation for removal of bullet from his hand; the other injured Irshad has also given a verbatim same statement stating that his brother Irshad has undergone a surgical operation for removal of bullet from his hand; no medical documents are available on the case diary and the injury report does not mention any injury to be grievous in nature and the supplementary medico-legal examination report does not mention any fracture suffered by any person; the applicants are languishing in jail since 25.02.2025 whereas investigation already stands concluded and a co-accused Majid Ali has been granted bail in the present case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid 4 BAIL No. 5547 of 2025 case.

15. Accordingly, this bail application stands allowed.

16. Let the applicants- Imran @ Topi @ Shoeb and Javed be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. September 22, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Anamika Singh, the learned counsel appearing on behalf of the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A. appearing on behalf of the State and Shri Sabir Khan, Advocate holding brief of Sri Mohd. Warid Irfan, the learned counsel for the complainant.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.43 of 2025 under Sections 191(2), 191(3), 190, 352, 351(3), 109, 110 of B.N.S. registered at Police Station- Raniganj, District- Pratapgarh.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on

20.02.2025 against eight named persons, including the applicants, and four unnamed persons, stating that there is an old animosity between the parties due to which the accused persons had beaten up the complainant at an earlier occasion also, regarding which a case has been registered and is pending. Because of the aforesaid animosity, all the accused persons attacked the informant's brothers Mohd. Irshad and Jahid Ali at about 10:30 am on

19.02.2025 while the informant and his brothers had gone to attend an annual festival in a Madarsa. The FIR alleges that all the accused persons fired shots with country-made pistols towards the complainant's brothers due to which both of them got seriously injured. The injured persons were taken to Trauma Centre, Raniganj from where they were referred to the District Hospital, 2 BAIL No. 5547 of 2025 Pratapgarh and, thereafter, they were referred to A.I.I.M.S. Raebareli.

4. In the statement of the complainant recorded by the Investigating Officer, he reiterated the FIR version wherein he had stated that all the accused persons had fired gunshots.

5. The Investigating Officer has recorded statements of some eye witnesses, who have identically worded and wherein it has been stated that all the accused persons were firing indiscriminately and the accused persons also got a chance to fire shots due to which Mohd. Jahid suffered an injury in his thigh and Mohd. Irshad suffered an injury near his abdomen near the ribs and on his hand.

6. The injured Mohd. Jahid Khan and Mohd. Irshad have also given identical statements stating that the Imran @ Topi @ Shoeb (the applicant No.1), Javed (the applicant No.2), Nadeem and Anul were firing shots. Interestingly, Jahid has stated that a surgical operation was carried out to remove bullet from the hand of his brother Irshad and Mohd. Irshad has also stated that a surgical operation of his brother was conducted to remove a bullet from his hand.

7. The medico-legal examination report mentions numerous injuries suffered by both the injured persons including gunshot injuries with tattooing present but the supplementary medico-legal examination report mentions no fracture suffered by any injured person.

8. In the affidavit filed in support of the bail application it has been stated that the applicants are innocent and they have been falsely been implicated in the present case.

9. The involvement of applicant No.1 in a case under Section 323, 504, 506 IPC has been disclosed in rejoinder affidavit in which he has been released on bail. The applicant No.2 has no criminal history.

10. Co-accused Majid Ali has been granted bail in the present case by means 3 BAIL No. 5547 of 2025 of an order dated 01.07.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.6102 of 2025. Another co-accused person- Nadeem has also been granted bail by the Juvenile Justice Board.

11. The learned A.G.A. as well as the learned counsel for the complainant have opposed the prayer for bail and they have submitted that two persons have received gunshot injuries in the incident and the allegation of firing has been levelled against the applicants.

12. In reply to the aforesaid submission, the learned counsel for the applicant has submitted that the allegation of firing has been levelled against all the accused persons, including against co-accused Majid Ali, who has already been granted bail.

13. The investigation already stands concluded and a charge-sheet has been submitted on 17.05.2025 against the applicants and two other co-accused persons. Investigation against other four accused persons is still pending.

14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR levels allegation of firing against all the accused persons and the applicant and the injured persons have also levelled allegation of firing against all the accused persons; the injured Jahid Khan has levelled allegation of firing against four persons, including the applicants, and he has stated that his brother Irshad had undergone a surgical operation for removal of bullet from his hand; the other injured Irshad has also given a verbatim same statement stating that his brother Irshad has undergone a surgical operation for removal of bullet from his hand; no medical documents are available on the case diary and the injury report does not mention any injury to be grievous in nature and the supplementary medico-legal examination report does not mention any fracture suffered by any person; the applicants are languishing in jail since 25.02.2025 whereas investigation already stands concluded and a co-accused Majid Ali has been granted bail in the present case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid 4 BAIL No. 5547 of 2025 case.

15. Accordingly, this bail application stands allowed.

16. Let the applicants- Imran @ Topi @ Shoeb and Javed be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. September 22, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench