Neutral Citation No. - 2025:AHC:80880 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16381 of 2025 Applicant :- Shahnawaz Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra,Shubham Singh Counsel for Opposite Party :- Deepak Kumar Yadav,G.A.,Laxmi Shankar,Sunil Kumar Yadav Hon'ble Sameer Jain,J. 1. Case called out in revised list. None present on behalf of the informant. 2. Supplementary affidavit filed today on behalf of the applicant is taken on record. 3. Heard Sri Ashish Mishra, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 598 of 2020, under Sections 147, 148, 149, 302, 307, 504, 120B IPC, Police Station Kotwali Nagar, District Muzaffar Nagar during pendency of the trial. 5. Learned counsel for the applicant submits, however, applicant was named in the FIR but during investigation his complicity was found false and no charge-sheet was filed against him but subsequently during trial under Section 319 Cr.P.C. he has been made accused along with co-accused Dilshad and after considering the entire facts of the case, co-accused Dilshad has been released on bail by this Court vide order dated 19.03.2025 passed in Criminal Misc. Bail Application No. 9195 of 2025 and on facts, case of applicant is at par with him. 6. He further submits, applicant is however having criminal history of one another case but his criminal history has been explained in the supplementary affidavit and that case relates to minor offence. 7. He further submits, in the present matter applicant is in jail since 22.04.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by 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 learned counsel for the applicant and the fact that applicant has been summoned in the present matter under Section 319 Cr.P.C. along with co-accused Dilshad and co-accused Dilshad has been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application, 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 - Shahnawaz 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 :- 15.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad