Neutral Citation No. - 2025:AHC:71066 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5274 of 2025 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Suraj Kumar Chaudhary,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.,Yogendra Pal Singh Hon'ble Sameer Jain,J. 1. Heard Sri Vivek Kumar Srivastava, learned counsel for the applicant; Sri Yogendra Pal Singh, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 245 of 2024, under Sections 191(2), 191(3), 190, 103(1), 351(2), 351(3), 333 BNS and Section 3/25/27 Arms Act, Police Station Bhawanpur, District Meerut, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation through the statement of co-accused he has been made accused in the present matter. 4. He further submitted that however, apart from the statement of co-accused and confessional statement of applicant as per prosecution, through CCTV footage applicant was also seen near the place of incident but merely on this basis, it cannot be said that applicant involved in the present matter. He further submitted that named co-accused Devendra @ Mangal and Ravi have already been released on bail by this Court vide order dated 3.3.2025 and 8.4.2025 passed in Crl. Misc. Bail Application Nos. 7330 of 2025 and 11315 of 2025, respectively and on facts, case of applicant is on better footing than them. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 10.10.2024 i.e. for last more than 6 months. 6. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects that applicant was not named in the FIR and during investigation through the statement of co-accused, he has been made accused in the present matter and however, it reflects that his presence was found near the place of incident but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above evidence at this stage, it is hard to believe that applicant also involved in the instant crime alongwith others. 9. Further, named co-accused Devendra @ Mangal and Ravi have already been released on bail by this Court and on facts, case of applicant is on better footing than them. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 10.10.2024 i.e. for last more than 6 months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Amit, 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. 14. 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. 15. 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 :- 5.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad