Neutral Citation No. - 2025:AHC:82021 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16536 of 2025 Applicant :- Shahrukh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jitendra Kumar Yadav, learned counsel for the applicants and Sri Jhammanr Ram, learned AGA for the State- respondent. 2. The instant application has been filed on behalf of the applicants with the prayer to release him on bail in Case Crime No. 1 of 2025, under Section108 BNS, Police Station Civil Lines, District Budaun during pendency of the trial. 3. Learned counsel for the applicants submits that however as per allegation due to abetment of applicants and other co-accused including co-accused Dinesh and Rafiuddin, deceased committed suicide but entire allegations levelled against the applicants and others are totally false and after considering entire facts in detail co-accused Dinesh and Rafiuddin have been released on bail by this Court vide orders dated 3.4.2025 and 10.4.2025 passed in Criminal Misc.Bail Application Nos. 10210 of 2025 and 11714 of 2025 respectively and on facts case of applicants is at par with them. 4. He further submitted that however, applicant no.1 is having criminal history of one another case, applicant no.2 is having criminal history of three other cases and applicant no.3 is having criminal history of four other cases but their criminal history has been explained in the instant bail application and all the cases relate to minor offences and in all the cases, they are on bail. 5. He further submitted that in the present matter applicants are in jail since January, 2025. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Dinesh and Rafiuddin have already has been released on bail by this Court and criminal history of applicants has been explained in the instant bail application and they are in jail in the present matter since January, 2025, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicants- Shahrukh, Nihal and Munazir 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 10. 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 applicants. 11. 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 :- 16.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad