Neutral Citation No. - 2025:AHC:51076 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11497 of 2025 Applicant :- Manu Alias Abhinav Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Shyam Shekhar Pandey, learned Advocate filed his power on behalf of informant, which is taken on record. 2. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, Sri Shyam Shekhar Pandey, learned counsel for the informant and Sri Dharam Raj Pal, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 572 of 2024, under Section 103(1) BNS, Police Station- Bita-2, District- Gautam Budh Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with two others but admittedly informant of the case is not the eye-witness and it appears, on the basis of suspicion, applicant has been made accused in the present matter along with two others. He further submitted that it is a case of no evidence and except the statement of co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.12.2024. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is named in the FIR along with two others but admittedly informant of the case is not the eye-witness and it appears, except the statement of co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 13.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Manu Alias Abhinav Pratap Singh 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. 13. 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. 14. 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 :- 8.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad