Neutral Citation No. - 2025:AHC:85184 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17346 of 2025 Applicant :- Haidar Mustafa Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Ajay Kumar Vashistha, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 3. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 596 of 2024, under Sections 140(1), 103(1), 61(2), 238 and 3(5) BNS, Police Station Kasganj, District Kasganj, during pendency of the trial. 3. Learned counsel for the applicant submits that it is a case of circumstantial evidence and on the basis of false allegation without any cogent evidence applicant has been made accused in the present matter along with several others including co-accused Keshav Mishra and co-accused Keshav Mishra has been released on bail by Coordinate Bench of this Court vide order dated 12.12.2024 passed in Criminal Misc.Bail Application No. 44071 of 2024 with a very detailed and reasoned order and on facts, case of applicant is exactly at par with him. 4. He further submits that however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and that case relates to minor offence. 5. He further submits that in the present matter applicant is in jail since 07.9.2024, i.e., for the last more than eight months. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Keshav Mishra has already been released on bail by Coordinate Bench of this Court and criminal history of solitary case of applicant has been explained in the instant bail application and he is in jail since 07.9.2024, i.e., for the last more than eight months, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Haidar Mustafa 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. 11. 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. 12. 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 :- 21.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad