Pyar Mohammad @ Aliyas and Another vs State of U.P.

The instant application has been filed seeking release of the applicants on bail in Case Crime No. 385 of 2025, under Sections 109(1) BNS & 3/25/27 Arms Act, Police Station Narkhi, District Firozabad, during pendency of the trial in the court below.

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Learned counsel for the applicants submitted that as per allegation applicants and others opened fire upon police party but admittedly none police personal sustained any injury and therefore, it appears on the basis of false allegation police implicated them in the instant matter.

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He further submitted that actually applicants are having criminal history of more than ten cases and therefore, police was highly inimical with them and only due to this reason police implicated them in the present matter alongwith others.

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He further submitted that entire criminal history of the applicants have been explained in the supplementary affidavit dated 26.2.2026 filed in support to the instant bail application.

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He further submitted that from perusal of the supplementary affidavit filed by the applicant it reflects applicant no. 1 has been made accused in majority of the cases relating to Electricity Act and even number of cases are of Electricity Act against applicant no. 2. He next submitted that in all the cases both the applicants are on bail. He further submitted that even in the present

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BAIL No. 3335 of 2026

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2

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matter number of accused persons including Shamshad and Naeem have been released on bail vide order dated 20.2.2026 passed in Crl. Misc. Bail Application No. 1880 of 2026 and 1821 of 2026 and as far as allegations are concerned, case of applicants are at par with them.

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He further submitted that applicants are in jail in the present matter since 12.11.2025.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegations applicants alongwith others opened fire upon the police party but admittedly none of the police person sustained any injury.

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Further, however, it appears applicants are having criminal history of more than 10 cases but their entire criminal history has been explained in the instant bail application and majority of the cases appears to be of Electricity Act and in all the cases applicants are on bail and considering their criminal antecedents and facts of the case, in view of this Court, it is not proper to withhold their bail application merely on the basis of their criminal antecedents.

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Further, even number of other co-accused have been released on bail by co-ordinate Bench of this Court and case of applicants is at par with them.

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Further, applicants are in jail in the present matter since 12.11.2025.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicants- Pyar Mohammad @ Aliyas and Hakikat, 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 the court concerned with the following conditions:-

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BAIL No. 3335 of 2026

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3

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(i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicants shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.

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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.

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April 20, 2026 Ankita

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(Sameer Jain,J.)

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Pyar Mohammad @ Aliyas and Another v. State of U.P.

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Pyar Mohammad @ Aliyas and Another v. State of U.P.

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