Neutral Citation No. - 2025:AHC:39906 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9195 of 2025 Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra,Deepanshu Jadon Counsel for Opposite Party :- G.A.,Ram Lakhan Prajapati,Sunil Kumar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Ashish Mishra, learned counsel for the applicant, Sri Sunil Kumar Yadav, learned counsel for the informant and Sri Jhamman Ram, 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. 598 of 2020, under Sections 147, 148, 149, 302, 307, 504, 506 IPC, Police Station Kotwali Nagar, District Muzaffarnagar during pendency of the trial. 3. Learned counsel for the applicant submits, however, initially in the FIR applicant has been made accused in the present matter along with seven others but during investigation the involvement of the applicant and four others were found false and charge-sheet was filed only against co-accused Sonu and Naseem. 4. He further submits, during trial applicant has been summoned in the present matter along with three others under Section 319 Cr.P.C. on the basis of statements of PW-1 and PW-2. 5. He further submits, from perusal of statements of PW-1 and PW-2 recorded by the trial court, which have been annexed along with instant bail application, it reflects, they reiterated the version of the FIR and they assigned general role to all the accused including charge-sheeted co-accused Sonu and Naseem. 6. He further submits, co-accused Naseem has been released on bail by the co-ordinate Bench of this Court after considering the entire facts in detail vide order dated 10.09.2024 passed in Criminal Misc. Bail Application No. 23465 of 2022 and on facts of allegation, case of applicant is at par with him. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 20.02.2025. 8. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects, applicant has been summoned in the present matter with the aid of section 319 Cr.P.C. and during investigation his involvement was found false. 11. Record also suggests that after investigation charge-sheet was filed only against co-accused Sonu and Naseem and co-accused Naseem has been released on bail by the co-ordinate Bench of this Court and as per the statements of PW-1 and PW-2, the case of applicant is exactly at par with co-accused Naseem. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 20.02.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Dilshad 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. 16. 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. 17. 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 :- 19.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad