Neutral Citation No. - 2025:AHC:85434 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13452 of 2025 Applicant :- Mohammad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Bahadur Singh,Syed Abbas Shaukat Abidi,Syed Ali Shaukat (Abidi) Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Surendra Bahadur Singh, learned counsel for the applicant and Shri Brijesh Pratap Singh, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0812 of 2022, under Sections 302, 120-B I.P.C., Police Station Masuri, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR and as per allegation, he alongwith two others committed the murder of the deceased but admittedly informant of the case was not the eye-witness. 4. He further submits that it is a case of circumstantial evidence and there is no eye-witness account and it reflects, without any cogent circumstances, applicant has been roped in the present matter alongwith co-accused Nadeem due to previous enmity. 5. He further submits that co-accused Nadeem has already been released on bail by Co-ordinate Bench of this Court vide order dated 17.04.2023 passed in Criminal Misc. Bail Application No.74695 of 2023 and on facts, case of applicant is at par with him. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 05.11.2022 i.e. for last more than two and half years. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the informant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, applicant is named in the FIR but it reflects, it is a case of circumstantial evidence and nobody could see the real incident. 10. Record further suggests that alongwith applicant, co-accused Nadeem was also named in the FIR and he has already been released on bail by Co-ordinate Bench of this Court vide order dated 17.04.2023 and on facts, case of applicant is at par with him. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 05.11.2022 i.e. for last more than two and half years. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Mohammad Ali, 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. 15. 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. 16. 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 :- 20.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad