Neutral Citation No. - 2025:AHC:32980 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1849 of 2025 Applicant :- Ashish Mashih Opposite Party :- State of U.P. Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Qazi Vakil Ahmad, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 190 of 2022, under Sections 302, 364, 201, 34, 120-B IPC, Police Station- Juhi, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and he has been made accused in the present matter through the statement of co-accused Shivam Bangadu and during investigation, along with applicant, co-accused Uday Verma, Priyank @ Pranshu Verma and Shivam Pandey were also made accused and after considering entire facts of the case, all the above co-accused have been released on bail by this Court. He further submitted that bail order of co-accused Shivam Pandey has been annexed at page no. 144 of the paper-book and case of applicant is at par with him. 4. He further submitted that applicant is not having any criminal history and in the present matter he is in jail since 02.02.2024 i.e. for last more than a year. 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. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed three co-accused Udai Verma, Priyank @ Pranshu Verma and Shivam Pandey have already been released on bail and applicant is not having any criminal history and in the present matter applicant is in jail for last more than a year and present case is a case of circumstantial evidence, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Ashish Mashih 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. 10. 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. 11. 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 :- 6.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad