Neutral Citation No. - 2025:AHC:54347 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12148 of 2025 Applicant :- Mohammad Irshad Alias Bauwa Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manvendra Singh, learned counsel for the applicant and Sri Jhamman Ram, 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.364 of 2021, under Sections 302/34 and 506 IPC, Police Station Kotwali, District Fatehpur 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 two others. 4. He further submits that only general role has been assigned to all the accused including co-accused Babloo and Kamini and both the above accused have already been released on bail by Coordinate Bench of this Court and their bail order has been annexed at page 156 of the paper book and on fact case of applicant is at par with them. 5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 10.1.2025. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant along with co-accused Babloo and Kamini committed the murder of the brother of the informant but after considering entire facts in detail co-accused Babloo and Kamini have been released on bail by Coordinate Bench of this Court and the case of applicant is at par with them. 9. Further, applicant is not having any previous criminal history and in the present in the matter, he is in jail since 10.1.2025. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Mohammad Irshad @ Bauwa 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. 13. 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. 14. 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 :- 15.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad