Neutral Citation No. - 2025:AHC:52975 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11729 of 2025 Applicant :- Wakeel Ali Opposite Party :- State of U.P. Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.,Mahendra Pratap Hon'ble Sameer Jain,J. 1. Heard Sri Sudhanshu Srivastava, learned Advocate holding brief of Sri, Omar Zamin, learned counsel for the applicant, Sri Mahendra Pratap, learned counsel for informant and Sri Vijay Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 721 of 2024, under Sections 103(1), 238, 61(2) BNS, Police Station- Surajpur, District- Gautam Budh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation he has been made accused in the present matter along with co-accused Leelu Nai and except statement of co-accused Leelu Nai and confessional statement of applicant, there is no other cogent evidence against applicant on record. 4. He further submitted that co-accused Leelu Nai has already been released on bail by this Court vide order dated 04.04.2025 passed in Criminal Misc. Bail Application No. 10347 of 2025 and on facts, case of applicant is at par with him. 5. It is next submitted that in the FIR co-accused Saleem was named along with others and he has also been released on bail by this Court and his bail order has been annexed at page 152 of the paper book and on facts case of applicant is on better footing than him, as applicant is not named in the FIR. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 02.01.2025. 7. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submitted however applicant was not named in the FIR, but during investigation strong motive against him was disclosed but they could not dispute the fact that it is a case of circumstantial evidence and co-accused Saleem has been released on bail by this Court who was named in the FIR and case of applicant is on better footing than him. They also could not dispute the fact that during investigation co-accused Leelu Nai was also made accused and he has also been released on bail by this Court and on facts 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. It is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter along with co-accused Leelu Nai and co-accused Leelu Nai has already been released on bail by this Court. 10. Further, record also suggest that co-accused Saleem was named in the FIR along with other co-accused and he has also been released on bail by this Court and case of applicant is on better footing than co-accused Saleem and is at par with co- accused Leelu Nai. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 02.01.2025. 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- Wakeel Ali, 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 :- 10.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad