Neutral Citation No. - 2025:AHC:88513 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47470 of 2024 Applicant :- Aspaq Opposite Party :- State of U.P. Counsel for Applicant :- Shami Ullah Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shami Ullah, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) B.N.S., Police Station Shahi, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false, general and omnibus allegation, applicant has been made accused in the present matter along with as many as 50 named and 10-15 unknown persons. 4. He further submits, however, it is a case, in which, four persons sustained injuries and one person died but it appears, due to the act of the mob incident occurred. 5. He further submits, along with applicant co-accused Riyasat Ali was also named in the FIR and he has been released on bail by the co-ordinate Bench of this Court vide order dated 24.02.2025 passed in Criminal Misc. Bail Application No. 44832 of 2024 and on facts, case of applicant is at par with him. 6. He further submits, however, apart from the present case applicant is having criminal history of one another case but that case relates to present incident and applicant was not having any previous criminal history and in the present matter he is in jail since 20.07.2024 i.e. for last more than ten 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, it is a case in which one person died and four persons sustained injuries and applicant is also named in the FIR but it reflects, along with applicant as many as 50 persons were named including co-accused Riyasat Ali and they have been made accused in the present matter on the basis of general allegations and co-accused Riyasat Ali 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, considering the number of accused persons named in the FIR, the argument advanced by leaned counsel for the applicant that actually alleged offences were committed by the mob, cannot be ruled out. 11. Further, applicant was not having any previous criminal history, however, it reflects, with regard to same incident he has been made accused in one another case and his criminal history has been explained in the instant bail application and in the present matter he is in jail since 20.07.2024 i.e. for last more than ten months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Aspaq 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. 15. 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. 16. 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 :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad