Neutral Citation No. - 2025:AHC:88605 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3898 of 2025 Applicant :- Himanshu Alias Golu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 223 of 2024, under Sections 105, 190 BNS, Police Station- Jansath District- Muzaffarnagar during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, co-accused Beeras was made accused and when his statement was recorded then he disclosed the name of the applicant and except the statement of co- accused and confessional statement of the applicant, there is no cogent and admissible evidence against the applicant on record. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 30.11.2024 i.e. for last six months. 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 it appears, except the statement of co- accused and confessional statement of the applicant before the police, there is no cogent and admissible evidence against the applicant on record and applicant is not having any criminal history and he is in jail in the present matter for last 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- Himanshu Alias Golu 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 :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad