Neutral Citation No. - 2025:AHC:89977 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14265 of 2025 Applicant :- Sarfraj @ Sarfraj Husain Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- Adil Jamal,G.A.,Shabeh Jamal Hon'ble Sameer Jain,J. 1. Heard Sri Akhilesh Kumar, learned counsel for the applicant; Sri Shabeh Jamal, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 278 of 2024, under Sections 191(2), 191(3), 190, 103(1) BNS, Police Station Nagfani, District Moradabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 5. He further submitted that even from perusal of the statements of two witnesses, namely, Waseem and Naseem, it reflects that they assigned only role of catching hold to applicant and to co-accused Shamshad and co-accused Shamshad has already been released on bail by this Court and his bail order has been annexed at page-98 of the paper book and as far as role attributed to them is concerned, case of applicant is at par with him. 6. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 23.11.2024 i.e. for last more than 6 months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments 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. However, applicant is named in the FIR but from perusal of the FIR, it reflects that informant of the case was not the eye witness and according to him, incident has been witnessed by witnesses Waseem and Naseem but from perusal of the statements of Waseem and Naseem, it reflects that only role of catching hold has been assigned by them to the applicant and others including co- accused Shamshad and co-accused Shamshad has already been released on bail by this Court and as far as role is concerned, case of applicant is at par with him. 10. Further, applicant is having no criminal history and in the present matter, he is in jail since 23.11.2024 i.e. for last more than 6 months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Sarfraj @ Sarfraj Husain, 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. 14. 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. 15. 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 :- 27.5.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad