Neutral Citation No. - 2025:AHC:52295 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11657 of 2025 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Md. Ateef,Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Arshad, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2021, under Sections 302, 34 IPC, Police Station- Masoori, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant was named in the FIR along with three others but during investigation, his involvement was found false and no charge sheet was filed against him and charge sheet was filed only against co- accused Salman, Sazid and Shahid. 4. He further submitted that as per prosecution, co-accused Salman caused fire-arm injury to the deceased and and co-accused Salman, Sazid and Shahid have already been released on bail by this Court. He further submitted that their bail orders have been annexed along with the instant bail application. 5. He further submitted that applicant has been summoned under Section 319 Cr.P.C. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 18.03.2025. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the fact that during investigation, involvement of the applicant was found false and he was summoned under Section 319 Cr.P.C. and role of causing fire-arm injury to the deceased has been assigned to co-accused Salman and co-accused Salman has already been released on bail and applicant is not having any criminal history and he is in jail in the present matter since 18.03.2025, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Saleem 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. 12. 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. 13. 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 :- 9.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad