Neutral Citation No. - 2025:AHC:34870 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8378 of 2025 Applicant :- Prashant Alias Akki Opposite Party :- State of U.P. Counsel for Applicant :- Dhananjay Rai,Dileep Kumar Gautam,Kumar Parikshit Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kumar Parikshit, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 191 of 2024, under Sections 103(1), 61(2), 3(5), 351(2), 189(4) BNS and 3/25 Arms Act, Police Station- Kasna, District- Gautam Buddha Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, he has been made accused in the present matter along with co-accused Boby and after considering entire facts in detail, co-accused Boby has been released on bail by this Court and his bail order has been annexed at page no. 80 of the paper book and on facts, case of applicant is exactly at par with him. 4. He further submitted that co-accused Rahul was named in the FIR and he has also been released on bail by this Court vide order dated 07.03.2025 passed in Criminal Misc. Bail Application No. 8158 of 2025 and case of applicant is at better footing than him. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.08.2024 i.e. for last more than six months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument 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. It is a case of circumstantial evidence and it appears, during investigation, applicant has been made accused in the present matter along with co-accused Boby and co-accused Boby has already been released on bail by this Court and case of applicant is at par with him. 9. Further, record also suggests that co-accused Rahul was named in the FIR and even he has also been released on bail by this Court and it appears, case of applicant is at better footing than him. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 13.08.2024 i.e. for last more than six months. 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- Prashant Alias Akki 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 :- 10.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad