Neutral Citation No. - 2025:AHC:65671 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2378 of 2025 Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Hemant Sharma,Komal Prasad,Saurabh Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Komal Prasad, learned counsel for the informant 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. 215 of 2024, under Sections 103(1), 61(2) B.N.S., Police Station Ahmadgarh, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR and during investigation he has been made accused in the present matter with the aid of Section 61(2) B.N.S. but there is no cogent evidence of hatching conspiracy against the applicant on record. 4. He further submits, along with applicant co-accused Rishipal Singh was also made accused and he was even named in the FIR but he has already been released on bail by this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No 10751 of 2025 and on facts, case of applicant is even at better footing than him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, apart from the present case applicant is having criminal history of one another case which relates to the provisions of Gangsters Act but they could not dispute the fact that co-accused Rishipal Singh, who was named in the FIR, has already been released on bail by this Court and as far as merit of the case is concerned, the case of applicant is even at better footing than him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects, applicant is not named in the FIR and during investigation he has been made accused in the present matter with the aid of Section 61(2) B.N.S. but record suggests that in the FIR co-accused Rishipal Singh was also made accused with almost similar allegation and he has been released on bail by this Court and as applicant was not named in the FIR, therefore, case of applicant is at better footing than co-accused Rishipal Singh. 9. Further, applicant is having criminal history of one case of Gangsters Act and he has not explained his criminal history in the instant bail application but it reflects, in that case he has been made accused subsequent to the present case. 10. Further, in the present matter applicant is in jail since 11.10.2024 i.e. for last more than six months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Pushpendra 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. 14. 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. 15. 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 :- 28.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad