Neutral Citation No. - 2025:AHC:75156 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14610 of 2025 Applicant :- Sumit @ Sukkan Opposite Party :- State of U.P. Counsel for Applicant :- Nigamendra Shukla Counsel for Opposite Party :- G.A.,Kapil Tyagi Hon'ble Sameer Jain,J. 1. Heard Sri Nigamendra Shukla, learned counsel for the applicant; Sri Kapil Tyagi, 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. 611 of 2023, under Sections 147, 148, 149, 302, 404, 34, 120B IPC, 7 Crl. Law Amendment Act and 3/25/27 Arms Act, Police Station Teelamod, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, he has been made accused in the present matter alongwith others and even the named co-accused have been released on bail by this Court and their bail orders have been annexed alongwith the instant bail application and on facts, case of applicant is on better footing than them. 4. He further submitted that however, apart from the present case, applicant is having criminal history of four other cases but his criminal antecedents have been explained in the instant bail application. 5. He further submitted that applicant is in jail in the present matter since 20.3.2024 i.e. for last more than a year. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects that in the FIR, there are as many as 9 persons were named but applicant was not named and it appears during investigation he has been made accused and after considering entire facts of the case in detail all the named accused persons have already been released on bail by this Court except co- accused Kapil and it reflects case of applicant is even on better footing than them. 9. Further, apart from the present case, however, applicant is having criminal history of four other cases but his criminal antecedents have been explained in the instant bail application. 10. Further, in the present matter, applicant is in jail since 20.3.2024 i.e for last more than a year. 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-Sumit @ Sukkan, 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 :- 8.5.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad