Neutral Citation No. - 2025:AHC:124043 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25537 of 2025 Applicant :- Manish Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Desh Ratan Chaudhary,Siddharth Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Siddharth Chaudhary, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 501 of 2024, under Sections 115, 352, 351(1) and 105 BNS, Police Station Civil Lines, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits that, however, technically this is second bail application filed on behalf of the applicant but his first bail application has not been decided on merit and it was dismissed as withdrawn. 4. He further submits that on the basis of false allegation applicant has been roped in the present matter along with co-accused Sunil alias Chhotu. 5. He further submits that there is no eye witness account and only due to previous enmity applicant has been made accused in the present matter 6. He further submits that after considering entire facts in detail co-accused Sunil alias Chhotu has been released on bail by this Court vide order dated 8.4.2025 passed in Criminal Misc.Bail Application No. 11467 of 2025 and case of applicant is exactly at par with him. 7. He further submits that however, apart from the present case applicant is having criminal history of two other cases but his criminal antecedents have been duly explained in the instant bail application and out of two cases, one case relates to violation of Government Notification with regard to COVID-19 and in second case after investigation final report has been submitted. 8. He further submits that in the present matter applicant is in jail since 13.12.2024, i.e., for the last more than seven months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Sunil alias Chhotu has been released on bail and his criminal history has been duly explained and applicant is in jail in the present matter since 13.12.2024, i.e, for the last more than seven months, 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-Manish Gaur 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 :- 28.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad