Neutral Citation No. - 2025:AHC:36643 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4156 of 2025 Applicant :- Akash Mali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Rani,Laloo Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. The instant matter is being taken up out of turn on the request made by learned counsel for the applicants that father-in-law of the applicant no.2 died on 08.03.2025. 2. Heard Sri Laloo Yadav, learned counsel for the applicants and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 506 of 2024, under Sections 318(4), 316(2), 317(2), 338, 336(3), 340(2), 111(1) BNS, Police Station- Najibabad, District- Bijnor during pendency of the trial in the court below. 4. Learned counsel for the applicants submitted that on the basis of false allegation, applicants have been made accused in the present matter along with co-accused Jamuna Devi and after considering entire facts of the case in detail, co-accused Jamuna Devi has been released on bail by this Court vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No. 961 of 2025 . He further submitted that however, co-accused Jamuna Devi was female but on facts, case of applicants is at par with her. 5. He further submitted that however, applicants have also been challaned for the offence under Section 111 BNS i.e. for organized crime but there is no evidence against them in this regard. He further submits, even co-accused Jamuna Devi was also challaned for offence of organized crime. 6. He further submitted that however, apart from the present case, applicants are having criminal history of one another case but that case has been explained in the instant bail application and they are in jail in the present matter since 14.10.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Jamuna Devi has already been released on bail by this Court and criminal history of solitary case of the applicants has been explained in the instant bail application and they are in jail in the present matter since14.10.2024, in my view applicants are entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicants- Akash Mali and Shambhoo Rai 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 his personal presence is 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. 12. 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. 13. 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 :- 12.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad