Neutral Citation No. - 2025:AHC:3362 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44062 of 2024 Applicant :- Sher Ali Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Mishra,Tabassum Bano Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Tabassum Bano, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.89 of 2024, under Sections 420,467,468, 471 and 120B IPC, Police Station Civil Line, District Muzaffarnagar during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against unknown persons with the allegation that on the basis of fake documents bail bonds of co- accused in a criminal case has been accepted but during investigation on the basis of false allegation through the statement of co-accused applicant has been made accused in the present case and except the statement of co-accused and the confessional statement of applicant there is no cogent evidence against the applicant on record. 4. She further submits that actually applicant is having previous criminal antecedents of 12 other cases and therefore, he used to visit District Court frequently and only due to this reason during investigation he has been made accused in the present matter. 5. She further submits that entire criminal antecedents of the applicant have been explained in the affidavit filed in support of the instant bail application. 6. She further submits that bail applications of three co-accused Masrur Ahmad, Sushil Kumar and Punit have been allowed by this Court and their bail orders have been annexed at page 75 onward of the paper book and on facts case of applicant is at par with them. 7. She further submits that all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 28.10.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it appears that apart from the present case applicant is having criminal antecedents of twelve other cases but as far as merit of the present case is concerned, it appears that during investigation applicant has been made accused in the present matter through the statement of co-accused and except the statement of co-accused and his confessional statement, there is no cogent evidence against him on record. 11. Further, entire criminal antecedents of the applicant have been explained in the instant bail application and considering his criminal antecedents the argument advanced by the learned counsel for the applicant with regard to false implication of applicant in the present matter cannot be completely ruled out at this stage. 12. Further, similarly placed three co-accused persons have already been released on bail by this Court and all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 28.10.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Sher Ali 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. 16. 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. 17. 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 :- 8.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad