Neutral Citation No. - 2025:AHC:49887 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11307 of 2025 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar,Paritosh Sukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Ajay Srivastava, learned Advocate filed his power on behalf of informant which is taken on record. 2. Heard Sri Paritosh Shukla, learned counsel for the applicant, Sri Ajay Srivastava, learned counsel for informant and Sri R.N. Srivastava, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 579 of 2024, under Sections 191 (2), 3(5), 352, 109, 103(1), 351(3) BNS, Police Station- Garhmukhteshwar, District- Hapur, during pendency of the trial in the court below. 4. 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 Aman and after considering entire facts of the case in detail, co-accused Aman has been released on bail by this Court vide order dated 18.03.2025 passed in Criminal Misc. Bail Application No. 8957 of 2025 and his bail order is annexed at page 94 of the paper book and, case of applicant is at par with him. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 02.11.2024. 6. Per contra, learned AGA as well as learned counsel for informant however, opposed the prayer for bail and submit that apart from the present case applicant is also having criminal history of one other case but they fairly conceded, that case relates to minor offence. 7 They however could not dispute the fact that co-accused Aman has been released on bail by this Court and case of applicant is at par with him. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that applicant has been made accused in the present matter along with several others including co- accused Aman and co-accused Aman has already been released on bail by this Court and case of applicant on facts, is at par with him. 10. Further, however, apart from the present case it appears that applicant is also having criminal history of one other case and criminal history of that has not been explained in the instant bail applicant but as per learned AGA, that case relates to minor offence. 11. Further in the present matter applicant is in jail since 02.11.2024. 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- Devendra, 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 :- 7.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad