Neutral Citation No. - 2025:AHC:33104 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8140 of 2025 Applicant :- Parvez Alias Ishtiyaq Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Shamshad Alam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajrshi Gupta and Sri Shamshad Alam, learned counsels for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 13 of 2024, under Sections 147, 148, 149, 302, 427, 34 IPC, Police Station Mauaima, District Ganga Nagar (Commissionerate Prayagraj) during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter during investigation and even according to the prosecution co- accused Afsaar caused firearm injuries to the deceased and he has been released on bail by this Court and his bail order has been annexed at page-71 of the paper-book and case of applicant is at better footing than him. 4. He further submits, during investigation along with applicant co-accused Farmood Kamar was also made accused but co- accused Farmood Kamar has already been released on bail by this Court and his bail order has been annexed at page-77 of the paper- book and case of applicant is exactly at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he in jail since 11.02.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsels for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that applicant has been made accused in the present matter during investigation along with co-accused Farmood Kamar and role of causing injury to the deceased has not been assigned to the applicant and similarly placed co-accused Farmood kamar has been released on bail and applicant is not having any criminal history and in the present matter he in jail since 11.02.2025, in my view, applicant is entitled to be released on bail. 9. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Parvez @ Ishtiyaq Ali 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. 11. 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. 12. 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 :- 7.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad