Neutral Citation No. - 2025:AHC:25129 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3517 of 2025 Applicant :- Mukesh Alias Bakoli And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sayed Sohail Asgar, learned counsel for the applicants and Sri Manoj Kumar Singh, learned brief holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.126 of 2024, under Sections 331(4), 305(a), 317(2), 317(4), 317(5) BNS, Police Station Sardhua, District Chitrakoot, during pendency of the trial. 3. Learned counsel for the applicants submits that during investigation applicants have been made accused along with several other including co-accused Sonu Verma and after considering the entire facts in detail, co-accused Sonu Verma has been released on bail by this Court vide order dated 04.10.2024 passed in Criminal Misc. Bail Application No.35628 of 2024 and on merits case of applicants is at par with him. It is next submits, applicants have been made accused after 4 months. 4. He further submits that however, applicant no.1 is having criminal history of 4 cases while applicant no.2 is having criminal history of one another case but their criminal history has been explained in the instant bail application and only due to their previous criminal history, they have been made accused in the present matter. 5. He further submits that except the offence under Secton 317(4) BNS, all the alleged offences are triable by Magistrate-I Class with maximum punishment of seven years and there is no cogent evidence with regard to the offence under Section 317(4) BNS. He next submits that in the present matter, applicants are in jail since 01.12.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicants and the fact that similarly placed co-accused Sonu Verma has already been released on bail by this and criminal history of applicants has been explained in the instant bail application and in the present matter, applicants are in jail since 01.12.2024, in my view, applicants are entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicants - Mukesh Alias Bakoli and Satish Alias Banta Alias Bantoli 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence are exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 11. 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 applicants. 12. 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 :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad