Neutral Citation No. - 2025:AHC:4163 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45760 of 2024 Applicant :- Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Verma,Shashi Ranjan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shashi Ranjan Srivastava, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 418 of 2024, under Sections 310(2), 317(3) BNS, 3/25 Arms Act, Police Station Iglas, District Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith co-accused Karan @ Kali and Pankaj and both the co-accused have been released on bail by this Court and their bail applications have been annexed alongwith the instant bail application and case of applicant is at par with them. 4. He further submitted that however, applicant has also been made accused in the case under sections 302 and 364 IPC in which he has been convicted but his appeal is pending before this Court and during pendency of appeal, he has been released on bail and on the basis of his criminal antecedent during investigation police implicated the applicant in the present matter. 5. He further submitted that applicant is in jail in the present matter since 8.4.2024 i.e. for last nine months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it reflects that applicant is a convicted person and earlier he has been convicted for offence under sections 302 and 364 IPC but his appeal is pending and during pendency of appeal, he has been released on bail by this Court and considering the fact that during investigation applicant has been made accused in the present matter alongwith others, contention raised at bar that only due to his previous conviction applicant has been made accused by the police in the present matter cannot be ruled out, at this stage. 9. 9. Further, similarly placed two co-accused persons Karan @ Kali and Pankaj have already been released on bail by this Court. 10. Further, in the present matter applicant is in jail since 8.4.2024 i.e. for last nine months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Sanju, 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. 14. 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. 15. 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/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad