Neutral Citation No. - 2025:AHC:49883 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11313 of 2025 Applicant :- Surendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 128 of 2025, under Sections 303(2), 317(2), 317(5), 317(4), 111(2) Kha, 3(5) BNS Police Station Sadar, District Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation through the statement of co-accused he has been made accused in the present matter and however as per allegation when he was arrested then he confessed his guilt and on his pointing out some parts of stolen vehicles were recovered but entire recovery is totally false. 4. He further submitted that it appears to be a simple case of theft but in spite of that without any cogent evidence applicant has also been challaned for offence under section 111 BNS and this fact shows that Investigating Officer of the case is misusing the provisions of organized crime. 5. He further submitted that applicant was having no previous criminal history to his credit but simultaneously along with the present matter, he has been made accused in three other cases and his criminal history has been explained in the instant bail application. 6. He further submitted that applicant is in jail in the present matter since 3.3.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. Considering the arguments advanced by learned counsel for the parties and the fact that applicant is not having any previous criminal history to his credit, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Surendra Kumar, 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. 12. 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. 13. 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