Neutral Citation No. - 2025:AHC:71685 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12002 of 2025 Applicant :- Mahendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hari Bans Singh,Jash Ram,Nand Shyam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Sri Raju Kanaujia, Advocate filed his power on behalf of the informant, which is taken on record. 3. Heard Sri Hari Bans Singh, learned counsel for the applicants, Sri Imran Khan, learned A.G.A. for the State-respondent and Sri Raju Kanaujia, learned counsel for the informant. 4. The instant bail application has been filed seeking release of the applicants on bail in Session Trial No.584 of 2018 arising out of Case Crime No.170 of 2018, under Sections 323, 504, 506, 325, 304 I.P.C., Police Station Tharwai, District Prayagraj, during pendency of the trial. 5. Learned counsel for the applicants submits that applicants were named in the FIR alongwith others but during investigation, their involvement were found false and no charge-sheet was filed against them and during trial they have been summoned under Section 319 Cr.P.C. 6. He further submits that even from the FIR and other material available on record, it reflects, only general allegations have been levelled against all the accused including applicants. 7. He further submits that co-accused Masuriyadeen and Shyam Babu have been released on bail by Co-ordinate Benches of this Court and their bail orders have been annexed at Annexure No.12 of the affidavit filed in support of the instant bail application. 8. He further submits that applicants are having no criminal history and they are in jail in the present matter since 25.03.2025. 9. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. However, it reflects, applicants were named in the FIR alongwith others but it appears, during investigation, their involvement were found false and no charge-sheet was filed against them and during trial, they have been summoned under Section 319 Cr.P.C. 12. Further, named and charge-sheeted co-accused Masuriyadeen and Shyam Babu have been released on bail by Co-ordinate Benches of this Court. 13. Record also suggests that only general allegations have been levelled against all the accused including applicants. 14. Further, applicants are having no criminal history and they are in jail in the present matter since 25.03.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view applicants are entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicants- Mahendra and Gore @ Pawan 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 18. 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 applicants. 19. 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad