Neutral Citation No. - 2025:AHC:21813 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36992 of 2024 Applicant :- Arsh Saifi Alias Ballu Saifi Opposite Party :- State of U.P. Counsel for Applicant :- Aman Kumar,Shashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Aman Kumar, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.335 of 2024, under Sections 310 (2), 317 (3), 61(2) B.N.S., Police Station Cantt., District Bareilly during pendency of the trial in the court below. 4. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation he has been made accused in the present matter through the statement of the co- accused and except the statement of co-accused and his confessional statement, there is no other cogent evidence against him on record. 5. He further submits that co-accused Iram Saifi has also been made accused in the present matter during investigation along with the applicant but she has already been released on bail by this court and her bail order has been annexed as Annexure-3 to the affidavit and on facts case of applicant is almost at par with her. 6. He further submits, however apart from the present case, applicant is having criminal history of 3 other cases but out of three cases one case is a case of police party no injury case and his entire criminal history has been explained in paragraph no.18 of the supplementary affidavit filed in support of the instant bail application. 7. He further submits, in the present matter applicant is in jail since 30.07.2024 i.e. for last more than six months. 8. Per contra, learned AGA opposed the prayer for bail could not dispute the argument advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for the applicant and the fact that almost similarly placed co- accused Iram Saifi has already been released on bail and criminal history of three cases of the applicant has already been explained in supplementary affidavit and applicant is in jail since 30.07.2024 i.e. for last more than six months, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Arsh Saifi Alias Ballu Saifi, 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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. (iii) The applicant shall not indulge in any criminal and anti- social activity. 13. 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 applicant. 14. 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. Order Date :- 14.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad