Neutral Citation No. - 2025:AHC:74334 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7497 of 2025 Applicant :- Sarvesh Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Aushim Luthra,Ved Prakash Pandey,Vipin Kumar Tiwari Counsel for Opposite Party :- G.A.,Suresh Dhar Dwivedi Hon'ble Sameer Jain,J. 1. Heard Shri Atharva Dixit, learned counsel for the applicant, Shri R. N. Srivastava, learned AGA for the State-respondent and Shri Suresh Dhar Dwivedi, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.609 of 2024, under Sections 3(5), 103(1), 115(2), 117(2) B.N.S., Police Station Banda, District Shahjahanpur, 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 four others including co-accused Vivek Shukla Alias Sonu and Umesh Shukla and after considering the entire facts of the case in detail, both the above co-accused have been released on bail by this Court and their bail orders have been annexed as Annexure No.8 to the affidavit filed in support of the instant bail application and on facts, case of applicant is at par with them. 4. He further submits that the applicant is not having any criminal history and he is in jail in the present matter since 28.09.2024 i.e for last more than seven months. 5. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the fact that two co-accused Shukla Alias Sonu and Umesh Shukla have already been released on bail and on facts, case of applicant is at par with them. 6. I have heard learned counsel for both the parties and perused the record of the case. 7. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed two co-accused Shukla Alias Sonu and Umesh Shukla have already been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 28.09.2024 i.e for last more than seven 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- Sarvesh Shukla, 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 :- 7.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad