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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 5043 of 2026

Shahrukh

.....Applicant(s)

Versus

State of U.P.

.....Opposite

Party(s)

Counsel for Applicant(s) : Manoj Kumar Srivastava, Pratima

Pandey

Counsel for Opposite Party(s) : G.A.

Court No. - 72

HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State

and perused the record.

2. The instant bail application has been filed with a prayer to release the

applicant on bail in Case Crime No.693 of 2024, under Sections 191(2),

191(3), 190, 109(1), 118(1), 131 of B.N.S. 2023, Police Station- Banna

Devi, District- Aligarh.

3. The Learned counsel for the applicant submits that the applicant has

been falsely implicated in the present case. The applicant has been named

along with 8 other accused persons and 5 to 6 unknown persons. In the

First Information Report, which has been lodged by the injured himself,

the role of causing gunshot injury on the head of the victim, has been

assigned to the applicant and the co-accused Aamir. Later on, in the

medical examination report, no gunshot injury was found and only incised

wounds were found. The prosecution version was then changed and the

applicant was also assigned the role of causing incised wounds. The

applicant has a criminal history of six cases, in which the applicant is on

bail. The applicant is not a previous convict and he is in jail since

22.11.2025. The Learned counsel for the applicant further contends that

the similarly situated co-accused viz. Talib, Jubair Alais Khanna, Azad,

Kamran, Imran Ali and Shoeb have been granted regular bail by this

Court vide its orders dated 11.02.2025, 11.02.2025, 31.1.2025,

24.1.2025, 21.1.2025 and 27.11.2024 passed in Criminal Misc. Bail

BAIL No. 5043 of 2026

2

Application No. - 46590 of 2024, Criminal Misc. Bail Application No.

- 46725 of 2024, Criminal Misc. Bail Application No. - 45046 of 2024,

Criminal Misc. Bail Application No. - 43696 of 2024, Criminal Misc.

Bail Application No.882 of 2025 and Criminal Misc. Bail Application

No. - 42580 of 2024, respectively. The case of the applicant is also at par

with that of the co-accused.

4. The Learned A.G.A., on the other hand, has opposed the prayer for

grant of bail, however, could not dispute the fact similarly situated co-

accused have been granted bail by this Court. The Learned A.G.A. has

also not disputed the explanation given by the Learned counsel for the

applicant with respect to criminal antecedents of the applicant.

5. I have considered the submissions made by the Learned counsels for

the parties and perused the material brought on the record.

6. In the First Information Report, the applicant and the co-accused Aamir

have been assigned the role of causing gunshot injury on the head of the

injured. General role of using knives to cause injury on the person of the

injured has also been given in the First Information Report, however, it is

the specific case that the applicant wielded a firearm alongwith the co-

accused Aamir and fired four to five rounds on the victim. In the medical

examination report, no gunshot injury has been found on the victim and

only incised wounds have been found. Similarly situated co-accused viz.

Talib, Jubair Alais Khanna, Azad, Kamran, Imran Ali and Shoeb have

been granted regular bail by this Court vide its orders dated 11.02.2025,

11.02.2025, 31.1.2025, 24.1.2025, 21.1.2025 and 27.11.2024 passed in

Criminal Misc. Bail Application No. - 46590 of 2024, Criminal Misc.

Bail Application No. - 46725 of 2024, Criminal Misc. Bail Application

No. - 45046 of 2024, Criminal Misc. Bail Application No. - 43696 of

2024, Criminal Misc. Bail Application No.882 of 2025 and Criminal

Misc. Bail Application No. - 42580 of 2024, respectively. The applicant

is in jail since 22.11.2025 and a charge-sheet has now been submitted and

the applicant is no longer required for any custodial interrogation and

recoveries.

7. In view of the entire facts and circumstances of the case, especially

BAIL No