Neutral Citation No. - 2025:AHC:66915 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5501 of 2025 Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Singh (Bohra),Neelam Singh,Preet Pal Singh Rathore Counsel for Opposite Party :- Aalok Kumar Srivastava,G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Dheeraj Singh (Bohra), learned counsel for the applicant, Shri R. N. Srivastava, learned A.G.A. for the State- respondent and Shri Aalok Kumar Srivastava, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.336 of 2024, under Sections 103(1), 115(2), 117(2), 74 B.N.S., Police Station Babugarh, District Hapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Amit Nagar Alias Aunjay, Arvind Alias Arvind Nagar and Ravi Nagar and after considering entire facts in detail, co-accused Amit Nagar Alias Aunjay, Arvind Alias Arvind Nagar and Ravi Nagar have been released on bail by this Court vide orders dated 10.04.2025, 10.04.2025 and 27.03.2025, respectively and on facts, case of applicant is at par with them. 4. He further submits that apart from the present case, applicant is having criminal history of five other cases, which have been explained in para 27 of the affidavit filed in support of the instant bail application. He further submits, however, as per prosecution, applicant was also having criminal history relates to offences under Sections 307, 364 I.P.C. but in this case, applicant is not an accused. He further submits, he has also been made accused in another case of murder but in para 27(3) of the affidavit, he specifically mentioned that with regard to this case, applicant is not having any information. He further submits, remaining three other cases were related to minor offences. 5. He further submits that applicant is in jail in the present matter since 16.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that similarly placed three co-accused Amit Nagar Alias Aunjay, Arvind Alias Arvind Nagar and Ravi Nagar have been released on bail by this Court. However, they further submit that applicant appears to be hardened criminal, therefore, it is not proper to release him on bail. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, as per allegation, applicant and others made assault upon the brother of the informant due to which he sustained injuries and died but after considering the entire facts in detail, co- accused Amit Nagar Alias Aunjay, Arvind Alias Arvind Nagar and Ravi Nagar have been released on bail by this Court and on facts, case of applicant is at par with them. 9. Further, however, apart from the present case, applicant is having criminal history of five other cases including a case under Section 302 I.P.C. but as per para 27(3) of the affidavit filed in support of the instant bail application, it appears, in that case, investigation is pending before C.B.C.I.D. and till date applicant could not be arrested. Further, except the case under Sections 302, 307 I.P.C., all the other remaining cases appear to be cases of minor offences. 10. Further, applicant is in jail in the present matter since 16.11.2024. 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- Ashok, 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 :- 29.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad