Neutral Citation No. - 2025:AHC:90681 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14198 of 2025 Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Manoj Kumar Dubey Counsel for Opposite Party :- Aishwarya Goswami,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manoj Kumar Dubey, learned counsel for the applicant, Sri Aishwarya Goswami, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 228 of 2024, under Sections 191(2), 191(3), 103, 117(2), 131, 333, 351(3), 109, 3(5) B.N.S., Police Station Afzalgarh, District Bijnor during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with others and as per allegation applicant and other accused committed the murder of the deceased and due to the assault made by them two persons also sustained injuries but entire allegation leveled against the applicant is totally false. 4. He further submits, after considering the entire facts of the case co-accused Makhan Singh @ Karan Singh, Gopi Singh @ Gurpreet Singh and Gagan Deep Singh have been released on bail by this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No. 10787 of 2025 and on facts case of applicant is at par with them as according to the injured witnesses, they were also having wooden sticks and they also made assault upon the deceased as well as upon them and as per injured witnesses applicant was having iron rod. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.07.2024 i.e. for last more than ten months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument 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 argument advanced by learned counsel for the applicant and the fact that almost similarly placed co-accused Makhan Singh @ Karan Singh, Gopi Singh @ Gurpreet Singh and Gagan Deep Singh have been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail for last more than ten 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 - Sunil 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 :- 27.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad