Neutral Citation No. - 2025:AHC:43295 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9772 of 2025 Applicant :- Mohd. Afzal Alias Jonty Opposite Party :- State of U.P. Counsel for Applicant :- Shweta Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Ms. Shweta Pandey, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 472 of 2024, under Sections 191(2), 191(3), 190, 333, 352, 351(2), 109, 103(1), 324(4) BNS and Section 3/25 Arms Act, Police Station- Kotwali, District- Fatehpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with several others including co-accused Sunil Rana and after considering entire facts of the case in detail, co-accused Sunil Rana has been released on bail by this Court vide order dated 05.03.2025 passed in Criminal Misc. Bail Application No. 7714 of 2025 and on facts, case of applicant is at par with him. 5. She further submitted that however, earlier also, applicant was made accused in two other cases but out of two cases, in one case of Section 307 IPC, applicant has been acquitted and in another case, relates to offence under Section 366 IPC, after investigation final report has been submitted and his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 6. She further submitted that applicant is in jail in the present matter since 17.12.2024. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant along with 8 others and 5- 6 unknown associates made assault and due to assault made by them, husband of the informant died but it appears, along with applicant co-accused Sunil Rana was also made accused with similar allegation and he has already been released on bail by this Court. 10. Further, however, it appears, earlier also applicant was made accused in two other cases but in one case, relates to offence under Section 307 IPC, he has been acquitted and in another case, relates to offence under Section 366 IPC, after investigation final report has been submitted. 11. Further, applicant is in jail in the present matter since 17.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Mohd. Afzal Alias Jonty 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. 15. 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. 16. 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 :- 24.3.2025 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