Neutral Citation No. - 2025:AHC:3534 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46586 of 2024 Applicant :- Sunil Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Tripathi,Shri Krishna Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Praveen Kumar Tripathi, 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. 399 of 2024, under Sections 318(2), 336(1), 336(3), 338, 340(2), 61(2), 317(5), 111 BNS, Police Station Kotwali Nagar, District Muzaffarnagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter alongwith eight others including co-accused Gulbahar and after considering entire facts of the case in detail, Gulbahar has been released on bail by this Court vide order dated 2.1.2025 passed in Crl. Misc. Bail Application No. 46877 of 2024 and case of applicant is even at better footing than him. 4. He further submitted that applicant is having no criminal history and in the present matter, he is in jail since 3.10.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that co-accused Gulbahar has already been released on bail by this Court and on facts, case of the applicant is at par with him and applicant is having no criminal history and in the present matter, applicant is in jail since 3.10.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Sunil Kumar Kushwaha, 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. 10. 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. 11. 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 Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad