Neutral Citation No. - 2025:AHC:93210 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17481 of 2025 Applicant :- Moin Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hitesh Pachori, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0017 of 2025, under Sections 109(1), 111(2)(b), 310(5), 336(3), 340(2), 338 and 3(5) BNS and Section 15 DAA Act, Police Station Lohamandi, District Agra during pendency of the trial. 3. Learned counsel for the applicant submits that it is a police encounter case in which admittedly none of the police personnel sustained any injury and on the basis of false allegation applicant has been made accused in the present matter along with several others including co-accused Hasan Ali @ Hasnain Ali and after considering entire facts in detail co-accused Hasan Ali @ Hasnain Ali has been released on bail by this Court and his bail order has been annexed at page 63 of the paper book and on facts case of applicant is at par with him. 4. He further submits that however, apart from the present case applicant is also 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 28.1.2025, i.e. for the last more than four months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the 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 co-accused Hasan Ali alias Hasnain Ali has already been released on bail by this Court and on facts, case of applicant is at par with him and criminal history of the applicant has been explained in the instant bail applicant and in the present matter he is in jail since January, 2025, 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-Moin 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 :- 30.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad