Neutral Citation No. - 2025:AHC:19483 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 556 of 2025 Applicant :- Abhay @ Raja Opposite Party :- State of U.P. Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hare Krishna Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 236 of 2024, under Sections 331(4), 305(A), 317(2) BNS, Police Station SIPARI BAZAR, District Jhansi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the theft and during investigation applicant has been made accused in the present matter alongwith co-accused Surendra Pal and after considering entire facts of the case, co-accused Surendra Pal has been released on bail by this Court and his bail order has been annexed at page 46 of the paper book and on merit, case of applicant is at par with him. 4. He further submitted that apart from the present case, applicant is having no criminal history and all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 27.7.2024. 5. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of one another case of theft but could not dispute the other arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, it reflects that apart from the present case applicant is having criminal history of one another case of theft but as far as merit of the present case is concerned, it appears during investigation applicant has been made accused in the present matter alongwith co-accused Surendra Pal and Surendra Pal has already been released on bail by this Court and on facts case of applicant is at par with him. 8. Further, all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 27.7.2024. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is 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 applicant-Abhay @ Raja, 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. 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 applicant. 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 :- 11.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad