Neutral Citation No. - 2025:AHC:30409 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4187 of 2025 Applicant :- Habbi Alias Habib Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri S.K. Rai, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.543 of 2024, registered under Sections 318(1), 336(3), 338, 340(2) B.N.S. and Section 66D of Information and Technology (Amendment) Act, Police Station Goverdhan, District Mathura during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation alleged in the FIR is false, baseless and not supported by any evidence. Prosecution case is not supported by any evidence. False recovery has been shown against the applicant and planted by the police party. The applicant has criminal history of one case, which has been explained in para 11 of the affidavit filed in support of the bail application. The co- accused Haneef has already been granted bail by co-ordinate Bench of this Court vide order dated 19.12.2024 passed in Criminal Misc. Bail Application No.-46358 of 2024, therefore, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 13.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts. 5. Considering the material available on record and keeping in view the nature of the offence, enlargement of co-accused, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Habbi Alias Habib, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad