Neutral Citation No. - 2025:AHC:82928 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15502 of 2025 Applicant :- Faim Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohammad Waseem, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.217 of 2024, under Sections 191(2), 191(3), 190, 109,115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2) and 61(2) BNS, Police Station Shahi, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits that in the FIR as many as 29 persons were named but even applicant was not named in the FIR but during investigation he has been made accused on the basis of general allegation. 4. He further submits that even from the perusal of the entire material available on record it appears that it is a case in which due to act of the mob, one person died and there is no cogent evidence that applicant was also part of the mob. 5. He further submits that co-accused Israr Ahmad, who was also not named in the FIR has been released on bail by Coordinate Bench of this Court and his bail order has been annexed at page 152 of the paper book and on facts case of applicant is at par with him. 6. He further submits that however, applicant is not having any previous criminal history but subsequently along with the present matter he has also been challaned in one another case and this fact has been disclosed by the applicant in paragraph no.24 of the affidavit filed in support of the instant bail application. 7. He further submits that in the present matter applicant is in jail since 23.12.2024, i.e., for almost five months. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by the learned counsel for the applicant and the fact that applicant was not named in the FIR and similarly placed co-accused Israr Ahmad has already been released on bail by Coordinate Bench of this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 23.12.2024. i.e., for almost five months, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Faim 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. 13. 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. 14. 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 :- 19.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad