Neutral Citation No. - 2025:AHC:57341 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11804 of 2025 Applicant :- Ashu Alias Sorabh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Masoom Alam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashutosh Ganguli, 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. 516 of 2024, under Section 103(1) BNS and 3/25/27 Arms Act, Police Station Shamli, District Shamli, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and nobody was named in the FIR but during investigation applicant has been made accused in the the present matter through the statement of co-accused and his confessional statement alongwith co-accused Jaiveer and except the statement of co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 4. He further submitted that co-accused Jaiveer has already been released on bail by this Court vide order dated 9.4.2025 passed in Crl. Misc. Bail Application No. 11623 of 2025. 5. He further submitted that applicant was having previous criminal history of only one case which has been explained in the supplementary affidavit filed in support to the instant bail application but when he was arrested then he was also made accused in two other cases including a case under the provisions of Gangsters Act. 6. He further submitted that in the present matter, applicant is in jail since 8.9.2024 i.e. for last more than six months. 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. It is a case of circumstantial evidence and it appears, during investigation applicant has been made accused alongwith co- accused Jaiveer and it reflects except the confessional statement of applicant and statement of the co-accused, there is no other evidence against the applicant on record and co-accused Jaiveer has already been released on bail by this Court and on facts, case of applicant is at par with him. 10. Further, it appears apart from the present case, applicant is having criminal history of 3 other cases but he was having previous criminal history of only one case which relates to minor offences and it reflects that when he was arrested in the present matter then he was also challaned for offence under section 109 BNS but that case appears to be a case of police encounter, no injury case and it also reflects that subsequently on the basis of present case, he has also been challaned under the provisions of U.P. Gangesters Act. 11. Further, in the present matter, applicant is in jail since September, 2024 i.e. for last more than six months. 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-Ashu Alias Sorabh, 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 :- 18.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad