Neutral Citation No. - 2025:AHC:75130 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14621 of 2025 Applicant :- Nourish Ariel Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shatrughan Yadav, Advocate holding brief of Sri Deepak Singh, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 156 of 2024, under Sections 329(4), 61(2), 111(2)(Kha), 111(3), 3(5) BNS and section 3/5 of Prevention of Damage to Public Property Act, Police Station Kotwali, District Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations applicant has been made accused in the present matter alongwith others including co-accused Sandeep Shukla @ Bauwan, Jitesh Jha, Vivek Kumar Pandey @ Sonu Pandey, Ali Abbas and after considering entire facts of the case, all the above co-accused persons have been released on bail by this Court and their bail orders have been annexed at page-73 to the paper book and on facts, case of applicant is at par with them. 4. He further submitted that with almost same allegations applicant and others have also been roped in one another case relates to case crime No. 157 of 2024 and details of the same has been disclosed in the instant bail application and in that case also other accused persons have been released on bail and expect the present and said case applicant was not having any other criminal history to his credit. 5. He further submitted that in the present matter, applicant is in jail since 7.9.2024 i.e. for last more than 8 months. 6. Per contra, however, learned AGA 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 the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that four similarly placed co-accused Sandeep Shukla @ Bauwan, Jitesh Jha, Vivek Kumar Pandey @ Sonu Pandey, Ali Abbas have already been released on bail by this Court with a detailed order and applicant was not having previous criminal history and in the present matter, he is in jail for last more than six months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Nourish Ariel, 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. 11. 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. 12. 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 :- 8.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad