Neutral Citation No. - 2025:AHC:24060 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33758 of 2024 Applicant :- Mohd. Shafi Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Choudhary,Manish Joshi,Mayank Awasthi,Mukesh Joshi Counsel for Opposite Party :- G.A.,Pawan Kumar Shukla,Shreya Shukla Hon'ble Sameer Jain,J. 1. Heard Sri Amarjeet Choudhary, learned counsel for the applicant, Sri Pawan Kumar Shukla, learned counsel for the informant 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. 221 of 2024, under Sections- 304, 323 and 504 IPC, Police Station- Kanth, District- Moradabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with two others including his brother and considering the entire facts of the case, co-accused Mohd Rafi, i.e brother of the applicant has been released on bail by this Court today passed in Criminal Misc. Bail Application No.44345 of 2024 and on facts, case of applicant is at par with him. 4. He next submitted that the applicant is not having any criminal history and in the present matter he is in jail since 22.6.2024 for last eight months. 5. Per contra, learned AGA as well as learned counsel for the informant, 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 both the parties and perused the record of the case. 7. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed co-accused Mohd Rafi has already been released on bail by this Court today with detailed order and applicant is not having any criminal history and he is in jail in the present matter since 22.6.2024 for last eight months, 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- Mohd Safi 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 activities. 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 :- 18.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad