Neutral Citation No. - 2025:AHC:89291 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12969 of 2025 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. This is the second bail application. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.190 of 2024 at Police Station-Afzalgarh, District-Bijnor under Sections 147, 148, 149, 302/34 IPC and Section 3/25 of the Arms Act. The applicant is in jail since 10.06.2024. The first bail application of the applicant was rejected by this Court on 16.10.2024. The following arguments made by Shri Shyam Babu Vaish, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Shukla, learned counsel for the informant and Shri Chandan Agrawal, learned A.G.A.-I from the record, entitle the applicant for grant of bail: 1. During the pendency of the instant bail application, some subsequent developments have occurred. The police authority made an application for further investigations which disclose that the evidences establish that the applicant was not present at the site of the incident when the offence was committed. 2. The applicant claims congruency in role and seeks parity in relief granted to the co-accused-Aftab who has been enlarged on bail by this Court by order dated 24.09.2024 in Criminal Misc. Bail Application No.30245 of 2024. 3. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 4. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending. In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Rashid be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. It is further directed that in case the accused does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. Order Date :- 26.5.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad