Neutral Citation No. - 2025:AHC:74009 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7126 of 2025 Applicant :- Sachin Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Mainuddin Ahamad,Mohd. Irfan Counsel for Opposite Party :- G.A.,Kapil Tyagi Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Irfan, learned counsel for the applicant; Sri Kapil Tyagi, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2024, under Sections 103, 109, 352, 351(2), 3(5) BNS & 4/25 Arms Act, Police Station Sector 63 Noida, District Madhya (Commissionarate Gautam Buddha Nagar), during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against three persons (non applicant) with regard to the murder of the son of the informant but during investigation when the statement of the informant was recorded then he also disclosed the name of the applicant but even from his statement recorded during investigation it could not be reflected that applicant either caused any injury to the deceased or the injured and only allegation against him is that he was present at spot alongwith other accused persons with knife in his hand. 4. He further submitted that abve fact clearly suggests that during investigation informant falsely implicated the applicant in the present matter. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 9.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the 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 the informant he has been made accused in the present matter but even informant did not assign role of causing injury to either deceased or the injured to the applicant and from his statement it reflects that applicant came alongwith the other accused persons and was present at spot and was having knife in his hand. 9. Further, as applicant was not named in the FIR and subsequently informant disclosed his name, therefore, argument advanced by learned counsel for the applicant with regard to his false implication, at this stage, cannot be ruled out. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 9.11.2024. 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-Sachin Nagar, 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 :- 7.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad