Neutral Citation No. - 2025:AHC:77085 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13795 of 2025 Applicant :- Danish And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sundeep Shukla, learned counsel for the applicants and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 456 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 125, 103(1) B.N.S., Police Station Budhana, District Muzaffar Nagar during pendency of the trial. 3. Learned counsel for the applicants submitted that on the basis of false and general allegation, applicants have been made accused in the present matter along with four others including co-accused Fajar Mohammad @ Fajroo and after considering the entire facts of the case in detail co-accused Fajar Mohammad @ Fajroo has been released on bail by this Court vide order dated 22.04.2025 passed in Criminal Misc. Bail Application No. 4238 of 2025 and on facts, case of applicants are at par with him. 4. He further submits, however, as per prosecution, when the applicants were arrested then on their pointing out weapons used in the crime were recovered but entire recovery is false and planted one. 5. He further submits, even the alleged weapons are the common tool which are easily available in the village, therefore, merely on the basis of such recovery it cannot be said that case of applicants are distinguishable from the case of co-accused Fajar Mohammad @ Fajroo. 6. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 03.11.2024 i.e. for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 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 applicants and the fact that almost similarly placed co-accused Fajar Mohammad @ Fajroo has been released on bail by this Court and applicants are not having any criminal history and in the present matter they are in jail since 03.11.2024 i.e. for last more than six months, in my view, applicants are 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 applicants - Danish, Musharraf and Amir 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 12.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad