Neutral Citation No. - 2025:AHC:74139 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12291 of 2025 Applicant :- Sarvar Opposite Party :- State of U.P. Counsel for Applicant :- Ashvani Tripathi Counsel for Opposite Party :- Ajay Kumar Tiwari,G.A.,Sangam Lal Kesharwani Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Ashwani Tripathi, learned counsel for the applicant, Shri Manav Chaurasiya, learned AGA for the State-respondent and Shri Sangam Lal Kesharwani, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.218 of 2024, under Sections 191(2), 191(3), 190, 103(1) B.N.S., 2023, Police Station- Mau Aima, District- Prayagraj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Mahfooz Alias Mohd. Mahfooz and Afsar Alias Yar Mohammad and after considering the entire facts of the case in detail, co-accused co-accused Mahfooz Alias Mohd. Mahfooz and Afsar Alias Yar Mohammad have been released on bail by this Court vide orders dated 16.01.2025 and 17.03.2025 passed in Criminal Misc. Bail Application Nos.43337 of 2024 and 8860 of 2025 and on facts, case of applicant is at par with them except the fact that on the pointing out of the applicant one iron rod was recovered, which allegedly used in the crime. He further submits, the above recovery is false and planted one as same was got recovered after more than one month and no reliance can be placed on such recovery. 5. He further submits that the applicant is not having any criminal history and he is in jail in the present matter since 30.07.2024 i.e. for last more than nine months. 6. 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. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, it reflects, as per allegation, applicant and others committed the murder of the deceased but two co-accused namely Mahfooz Alias Mohd. Mahfooz and Afsar Alias Yar Mohammad have been released on bail by this Court with a detailed order and case of applicant is almost at par with him, except the fact that as per prosecution, on the pointing out of the applicant one iron rod was recovered, which was alleged to have been used in the crime but this recovery was made after more than one month. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 30.07.2024 i.e. for last more than nine months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Sarvar, 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. 13. 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. 14. 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