Neutral Citation No. - 2025:AHC:22435 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1173 of 2025 Applicant :- Shah Alam Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Masoom Alam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Masoom Alam, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder 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) BNS, Police Station- Kotwalinagar, District- Muzaffarnagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant has been made accused in the present matter along with several others including co-accused Gulbahar, Pradeep and Sunil Kumar Kushwaha and after considering entire facts of the case in detail, all the above three accused persons have been released on bail by this Court. He further submitted that bail order of co-accused Gulbahar has been annexed at page no. 48 of the paper book and on facts, case of applicant is at par with him. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 11.12.2024. 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 applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects that in the present matter, applicant has been made accused along with co-accused Gulbahar, Pradeep and Sunil Kumar Kushwaha and co-accused Pradeep and Sunil Kumar Kushwaha have been released on bail by this Court vide orders dated 09.01.2025 and 08.01.2025 passed in Criminal Misc. Bail Applications No. 763 of 2025 and 46586 of 2024 respectively and bail order of co-accused Gulbahar has been annexed at page no. 48 of the paper book and on facts, case of applicant is at par with them. 8. Further, applicant is not having any criminal history and he is in jail in the present matter since 11.12.2024. 9. Therefore, considering the facts and circumstances of the case discussed above, 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- Shah Alam 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 :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad