Neutral Citation No. - 2025:AHC:32720 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8037 of 2025 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.338 of 2024, under Sections 103(1), 238 B.N.S. & 3/25/27 Arms Act, Police Station Khatauli, District Muzaffarnagar during pendency of the trial. 3. Learned counsel for the applicant submits that F.I.R. of the present case was lodged against co-accused Gaurav Sirohi on the basis of suspicion and during investigation, applicant has been made accused in the present matter through the second statement of the informant, but, admittedly, he was not an eye witness and on the basis of the information gathered by him he disclosed the name of the applicant. 4. He next submits that the named co-accused Gaurav Sirohi has already been released on bail by co-ordinate Bench of this Court and his bail order is annexed at Page No. 55 of the paper book. It is next submitted that along with the applicant, during investigation, Sachin Thakur was also made accused and he has also been released on bail by this Court and his bail order is annexed at page No. 58 of the paper book and the case of the present applicant is on better footing than co-accused Gaurav Sirohi and is at par with co- accused Saching Thakur. 5. He next submits that, however, as per prosecution, when the applicant was arrested then from his possession one country made pistol was recovered, but, till date the alleged pistol could not be connected with the instant matter. It is further submitted that it is a case of circumstantial evidence and there is no cogent evidence against the applicant on record which can connect him with the instant crime. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.09.2024 i.e. from last six months. 7. Per contra, learned AGA opposed the prayer for bail, but, could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that it is a case of circumstantial evidence and it appears that during investigation the name of the applicant was surfaced through the second statement of the informant along with co-accused Sachin Thakur and co-accused Sachin Thakur has already been released on bail by co-ordinate Bench of this Court and it appears that the case of the applicant is almost at par with co-accused Sachin Thakur. Further, records also suggest that co-accused Gaurav Sirohi was named in the F.I.R. but he has also been enlarged on bail. 10. Further, however as per the prosecution, from the possession of the applicant one country made pistol was also recovered which is alleged to have been used in the instant crime, but, it appears that till date the alleged recovered pistol could not be connected with the instant crime. Further, from the entire record, it appears that there is no cogent evidence against the applicant on record. 11. Further, applicant is not having any criminal history and he is in jail since 05.09.2024 i.e. for last six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Mohit 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. 15. 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. 16. 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 :- 6.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad