JAMAL KHAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 32657 of 2026

Jamal Kha
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)               :    Bed Prakash Rai
Counsel for Opposite Party(s)          :    Abou Sofian Usmani, G.A.

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
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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
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                                    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.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 21, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad