Neutral Citation No. - 2025:AHC:50415 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11336 of 2025 Applicant :- Sani Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Brajesh Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 706 of 2023, under Section 304 IPC, Police Station Kurawali, District Mainpuri during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with co-accused Risabh and after considering entire facts in detail co-accused Risabh has been released on bail by Coordinate Bench of this Court and his bail order has been annexed as Annexure-10 to the affidavit filed in support of the instant bail application and on facts case of applicant is at par with him. 4. He further submits that however, apart from the present case applicant is also having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and that case relates to minor offence. 5. He further submits that in the present matter applicant is in jail since 23.8.2023, i.e., for the last more than one and half years. 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 the learned counsel for the applicant and the fact that similarly placed co-accused Risabh has already been released on bail by Coordinate Bench of this Court and criminal history of solitary case of applicant has been explained in the supplementary affidavit filed in support of the instant bail application and in the present matter he is in jail since 23.8.2023, i.e. for last more than one and half years, 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-Sani 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 :- 8.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad