Neutral Citation No. - 2025:AHC:54965 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12224 of 2025 Applicant :- Pravesh Vishwakarma Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Singh, 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.759 of 2024, under Sections 303(2), 317(2), 317(4), 317(5), 318(4), 338, 336(3), 111 BNS, Police Station Kotwali Orai, District Jalaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith co-accused Suryanshu Alias Surya. 4. He further submitted that it appears to be a simple case of theft but inspite of that applicant and co-accused have also been challaned for offence under section 111 BNS i.e Organized Crime and after considering entire facts of the case, co-accused Suryanshu Alias Surya has been released on bail by this Court vide order dated 18.3.2025 passed in Crl. Misc. Bail Application No. 9016 of 2025 and on facts case of applicant is at par with him. 5. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but in that case, he has been made accused alongwith the present matter. 6. He further submitted that in the present matter, applicant is in jail since 17.11.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of two cases but one case has not been explained by him in the instant bail application but he fairly conceded, that case relates to theft. 8. Learned AGA could not dispute the fact that co-accused Suryanshu Alias Surya has already been released on bail by this Court and case of applicant is at par with him, as far as facts of the case is concerned. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects that applicant has been challaned alongwith co-accused Suryanshu Alias Surya under the provisions of Section 111 BNS and other offences but co-accused Suryanshu Alias Surya, after considering entire facts of the case has already been released on bail by this Court and on facts, case of applicant is at par with him. 11. Further, however, it reflects that apart from the present case, applicant is having criminal history of two other cases including one previous case which has not been explained in the instant bail application but that case relates to minor offence and in remaining case, applicant has been made accused alongwith the present case. 12. Further, in the present matter, applicant is in jail since 17.11.2024. 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-Pravesh Vishwakarma Alias Chhotu, 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 :- 15.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad