TINKUversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 33374 of 2026

Tinku
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)      : Mary Puncha (Sheeb Jose), Mohd.
                                Kalim
Counsel for Opposite Party(s) : G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

 1. Heard Sri Faizan Ahmad, learned advocate, holding the brief,
appeared for the accused-applicant and learned A.G.A. for the State.

2. The present bail application has been moved by the accused-applicant
Tinku to enlarge him on bail in Case Crime No. 881 of 2015, under
Section 307 IPC, P.S.- Deoband, District- Saharanpur, during the
pendency of trial.

3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has been falsely implicated in F.I.R. dated 06.11.2015
lodged by the informant that three accused persons including the accused-
applicant have opened fire on informant's brother. The role of firing is
attributed on all the three persons. The accused-applicant has moved the
writ court, wherein his arrest was stayed. Later on, the final report was
submitted and a protest petition was moved by the informant, the same
was treated as a complaint. The applicant never came to know about the
pendency of the trial in complaint case and when he came to know about
the processes, he has surrendered before the court on 27.07.2026 and
since then, he is in jail. The other two co-accused have already been
granted bail by the coordinate Bench of this Court. The applicant has one
case criminal history, wherein, he is on bail. The applicant is in jail since
27.07.2026 and hence, the applicant seeks to be released on bail.

4. Learned A.G.A. for State has opposed the prayer for bail of the
                                                                                            BAIL No. 33374 of 2026
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                                    applicant, but could not dispute the aforesaid facts.

                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. Considered that initially the final report is submitted in favour of the
                                    accused-applicant, who has not been arrested during investigation and
                                    complicity of accused-applicant.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                            (Avnish Saxena,J.)
                                    September 18, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad