Neutral Citation No. - 2025:AHC:5229 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 763 of 2025 Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Syed Riyaz Askari, Advocate holding brief of Shri Mohd. Nasir learned counsel for the applicant and Shri R. N. Srivastava, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.399 of 2024, under Sections 318(2), 338, 336(3), 340(2), 61(2), 317(5), 111, 336(1) B.N.S. Act, 2023, Police Station Kotwalinagar, District Muzaffar Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Gulbahar and after considering the entire facts of the case co-accused Gulbahar has been released on bail by this Court vide order dated 02.01.2025 passed in Criminal Misc. Bail Application No.46877of 2024. He further submits, on facts case of applicant is at par with him. 4. He further submitted 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. 5. He further submits that merely on the basis of bald allegation and sole criminal history of the applicant, it cannot be said that he indulged in commission of organized crime under Section 111 B.N.S. 6. He further submits that applicant is in jail in the present matter since 04.10.2024. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Gulbahar has been released on bail by this Court vide order dated 02.01.2025 and criminal history of solitary case of the applicant has been explained in the instant bail application and he is in jail in the present matter since 04.10.2024, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Pradeep, 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. 12. 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. 13. 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 :- 9.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad