Neutral Citation No. - 2025:AHC:75039 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46847 of 2024 Applicant :- Mustafa Kamil Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi,Manu Srivastava,Sr. Advocate Counsel for Opposite Party :- Deepak Dubey,G.A. Hon'ble Sameer Jain,J. 1. Sri Deepak Dubey, learned counsel for the informant submits, however, earlier he was counsel for the informant but now he is not having any instructions. 2. Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri Manu Srivastava, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 596 of 2024, under Sections 140(1), 103(1), 61(2), 238, 3(5) B.N.S., Police Station Kasganj, District Kasganj during pendency of the trial. 4. Learned Senior Advocate appearing on behalf of the applicant submits, however, applicant has been named in the FIR along with five others but admittedly it is a case of circumstantial evidence and without any evidence, informant named all the accused in the FIR of the present case. 5. He further submits, along with the applicant co-accused Keshav Mishra was also named in the FIR and after considering the entire facts of the case co-accused Keshav Mishra has been released on bail by the co-ordinate Bench of this Court vide order dated 12.12.2024 passed in Criminal Misc. Bail Application No. 44071 of 2024 and except motive, case of applicant is exactly at par with co-accused Keshav Mishra. 6. He further submits, applicant is a senior citizen aged about 67 years and he is not having any criminal history and in the present matter he is in jail since 07.09.2024 i.e. for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR along with others but it appears to be a case of circumstantial evidence and after considering the entire facts of the case co-accused Keshav Mishra has been released on bail by the co-ordinate Bench of this Court and on facts, case of applicant is at par with him. 10. Further, applicant is about 67 years old and infirm person and he is not having any criminal history and in the present matter he is in jail since 07.09.2024 i.e. for last more than six 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 - Mustafa Kamil 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 :- 8.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad