Neutral Citation No. - 2025:AHC:77667 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15790 of 2025 Applicant :- Chanda Shah Opposite Party :- State of U.P. Counsel for Applicant :- Abad Ali Tyagi,Gurfan Ali Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Gufran Ali, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant 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), 61(2) BNS, Police Station Shahi, District Bareilly, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of the false allegation, applicant has been made accused in the present matter along with 49 others and 10-15 unknown persons. He next submits that actually, due to dispute arose between two community, this unfortunate incident occurred in which one person died and four persons sustained injury and applicant cannot be held responsible for the act done by a mob. 4. He further submits that only general and omnibus allegations have been levelled against all the accused including applicant. He next submits that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 21.08.2024 i.e. for last more than eight months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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, as per allegation, due to the assault made by mob, one person died and four persons sustained injury and applicant was one of the member of the mob but it reflects that only general and omnibus allegations have been levelled against all the accused and considering the nature of allegation levelled against applicant, the possibility of his false implication cannot be ruled out at this stage. 8. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 21.08.2024 i.e. for last more than eight months. 9. Further, the law is settled, unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purposes. 10. Therefore, considering the facts and circumstances of the case discussed above, 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 - Chanda Shah 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 :- 9.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad