Neutral Citation No. - 2025:AHC:49660 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9344 of 2025 Applicant :- Mahesh Patel Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijay Kumar Mishra, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 396, 412, 420, 467, 471 and 427 IPC, Police Station- Nawabganj District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that it is a case in which initially FIR of the present case was lodged against unknown persons under Section 374, 304A, 427, 379 IPC but after nine months case has been converted under Section 396 IPC and on the basis of statement of co-accused applicant has been made accused in the present matter. He further submits except the statement of co-accused and confessional statement of applicant, there is no cogent evidence against him on record. 4. He next submits that after considering entire facts of the case in detail, co-accused Vijay Patel @ Mangal has been released on bail by this Court vide order dated 23.1.2025 passed in Criminal Misc. Bail Application No. 40561 of 2024 and co-accused Ashish Patel @ SP has been released by this Court vide order dated 14.2.2025 passed in Criminal Misc. Bail Application No. 39741 of 2024 and on facts, case of applicant is at par with them. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.11.2024 i.e. for last almost five 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. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed two co-accused 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 for last five months, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Mahesh Patel, 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 :- 7.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad