Neutral Citation No. - 2025:AHC:74442 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11511 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 Shri Prem Chandra Dwivedi, learned counsel for the applicant and Shri Manav Chaurasiya, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.101 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 submits that on the basis of false allegation, applicant has been roped in the present matter alongwith co-accused Ashu and after considering the entire facts of the case in detail, co-accused Ashu has been released on bail by this Court vide order dated 04.04.2025 passed in Criminal Misc. Bail Application No.10336 of 2025 and on facts, case of applicant is at par with him. 4. He further submits that however, applicant has also been challaned for offence under Section 111 B.N.S. but there is no cogent evidence in this regard against the applicant on record. He further submits, even there is no evidence that applicant is the member of any organized crime syndicate. 5. He further submits that however, apart from the present case, applicant is having criminal history of three other cases but he was having previous criminal history of only one case and his entire criminal history has been explained in the instant bail application and he is in jail in the present matter since 03.03.2025. 6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed co-accused Ashu has already been released on bail by this Court and criminal history of three cases of the applicant has been explained in the instant bail application and he is in jail in the present matter since 03.03.2025, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. 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. 11. 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. 12. 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 :- 7.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad