Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13540 of 2025 Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Today power has been filed on behalf of informant by Sri Narendra Singh, learned Advocate, which is taken on record. 2. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Rakesh Singh, learned Advocate holding brief of Sri Narendra Singh, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 651 of 2024, under Sections 191(2), 191(3), 190, 103(1), 333, 352, 351(2), 3(5) BNS, Police Station- Sardhana District- Meerut during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, he has been made accused in the present matter along with co-accused Mehraj, Aasib Alias Asif and Irshad and all the above three co-accused have already been released on bail by this Court vide orders dated 18.04.2025, 21.04.2025 and 18.04.2025 passed in Criminal Misc. Bail Application Nos. 12714 of 2025, 4069 of 2025 and 12624 of 2025 respectively and on facts, case of applicant is at par with them. 5. He further submitted that even from the record, it reflects, co- accused Masroof was the principal accused, who caused fire-arm injury to the deceased. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 01.02.2025. 7. Per contra, learned AGA as well as learned counsel for the informant 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 argument advanced by learned counsel for the applicant and the fact that three similarly placed co-accused Mehraj, Aasib Alias Asif and Irshad have already already been released on bail by this Court and role of causing fire-arm injury to the deceased has been assigned to co-accused Masroof and applicant is not having any criminal history and he is in jail in the present matter since 01.02.2025, 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- Naushad 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 :- 1.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad