Neutral Citation No. - 2025:AHC:66337 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11319 of 2025 Applicant :- Imran Alias Tota Alias Naved Alias Chaccha Opposite Party :- State of U.P. Counsel for Applicant :- Arbaz Danish Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Arbaz Danish, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.313 of 2015, under Sections 147,148,149 and 302 IPC, Police Station Civil Lines, District Moradabad during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged on 23.5.2015 and applicant was not named in the FIR. 4. He further submits that from the FIR and the first statement of the informant recorded during investigation it reflects that co- accused Idrish, Chhote, Sabir and Sartaz by causing fire arm injuries to the brother of the informant committed his murder but during investigation when the second statement of the informant was recorded then he disclosed the name of the applicant and started making allegation that applicant and co-accused Akeel and Rizwan committed the murder of the deceased and this fact clearly suggests that on the basis of false allegation applicant has been made accused in the present matter during investigation. 5. He further submits that even co-accused Akeel and Rizwan have been released on bail by Coordinate Bench of this Court and their bail orders have been annexed at page 72 and 82 of the paper book respectively. 6. He further submits that applicant is detained in jail in the present matter since June, 2015, i..e, for almost one decade and till date trial of the case could not be concluded. 7. He further submits that however, applicant was not having any previous criminal history but when he was arrested in the present matter then simultaneously he has been made accused in a case under Section 307 IPC and in two cases of Arms Act and, therefore, considering the totality of the facts and circumstances of the case applicant should be released on bail. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, from the second statement of the informant recorded during investigation it reflects that he made allegation of causing injuries to the deceased against the applicant, co-accused Akeel and Rizwan but neither in the FIR nor in his first statement informant even disclosed the name of the applicant. 11. Further, co-accused Akeel and Rizwan have already been released on bail by Coordinate Bench of this Court. 12. Further, apart from the present case applicant is also having criminal history of three other cases but he was not having any previous criminal history and it reflects that when he was arrested in the present matter then he was also challend under the provisions of Arms Act and Section 307 IPC. 13. Further, in the present matter applicant is in jail since June, 2015, i.e., for almost a decade. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Imran@Tota@Naved@Chaccha 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. 17. 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. 18. 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 :- 29.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad