Neutral Citation No. - 2025:AHC:5735 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47340 of 2024 Applicant :- Muslim Opposite Party :- State of U.P. Counsel for Applicant :- Zainul Abdin Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajvendra Singh, learned Advocate holding brief of Sri Zainul Abdin, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 308 of 2024, under Sections 458, 147, 148, 149, 307, 364, 366, 511, 506, 324, 395, 397 IPC, Police Station- Mundhapandey, District- Moradabad, 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 along with several others including co-accused Nanhey @ Abdul Hasan and after considering entire facts of the case in detail, co-accused Nanhey @ Abdul Hasan has been released on bail by this Court and his bail order has been annexed along with supplementary affidavit dated 06.01.2025 and on facts, case of applicant is at par with him. 4. He further submitted that however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and out of three cases, two cases were lodged against the applicant by the informant side and remaining case relates to the offence in which maximum punishment is upto seven years. He further submitted that applicant is in jail in the present matter since 04.07.2024. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument 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 argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Nanhey @ Abdul Hasan has already been released on bail by this Court and criminal history of three cases of the applicant has been explained in the instant bail application and he is in jail in the present matter for last more than six months, 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- Muslim 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 :- 10.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad