Neutral Citation No. - 2025:AHC:5105 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 702 of 2025 Applicant :- Banty Alias Aryan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 09 of 2023, under Sections 147, 148, 323, 506, 341, 307, 504, 34 IPC, Police Station- Bahsuma, District- Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with three others and one unknown person including co-accused Ankush @ Bhavandar and after considering entire facts of the case, co-accused Ankush @ Bhavandar has been released on bail by this Court and on facts, case of applicant is even at better footing than him as there was allegation against co-accused Ankush that he also opened fire. 5. He further submitted that however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and in all the three case, applicant is on bail. 6. He further submitted that applicant is in jail in the present matter since 27.09.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument 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. As per allegation made in the FIR, applicant along with three others including co-accused Ankush @ Bhavandar caused injuries to the injured but after considering entire facts of the case, co- accused Ankush has been released on bail by this Court and on facts, it appears that case of applicant is even at better footing than him. 10. Further, however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and in all the case, applicant is on bail. 12. Further, applicant is in jail in the present matter since 27.09.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Banty Alias Aryan 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. 16. 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. 17. 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 :- 9.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad