Neutral Citation No. - 2025:AHC:49633 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6258 of 2025 Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 534 of 2024, under Sections 103(1), 3(5) BNS and Section 35 Arms Act, Police Station- Dhampur, District- Bijnor, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during the investigation he has been made accused in the present matter along with co-accused Shivam Kumar, and after considering entire facts of the case in detail, co- accused Shivam Kumar, has been released on bail by this Court vide order dated 20.02.2025 passed in Criminal Misc. Bail Application No. 3425 of 2025 and on facts, case of applicant is at par with him. 4. He further submits that applicant is not having any criminal history and he is in jail in the present matter since 19.11.2024 i.e for last more than four months. 5. Per contra, learned Brief Holder, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that during investigation applicant has been made accused along with co-accused Shivam Kumar, and co- accused Shivam Kumar, has already been released on bail by this Court and case of applicant is at par with him and applicant is not having any criminal history and he is in jail in the present matter since 19.11.2024 i.e. for last more than four months, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Hariom, 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. 10. 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. 11. 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 :- 7.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad