Neutral Citation No. - 2025:AHC:11679 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43729 of 2024 Applicant :- Aditya Raj Tripathi Alias Anurag Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,Vishveshwar Mani Tripathi Counsel for Opposite Party :- Amit Kumar Yadav,Bhriguram Ji,G.A.,Nilesh Kumar Dubey,Rajeev Upadhyay,Shashi Shekhar Maurya,Vikram Bahadur Singh Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Lochan Shukla and Sri Vishveshwar Mani Tripathi, learned counsel for the applicant; Sri Rajeev Upadhyay, learned counsel for the informant and Sri Vijay Kumar learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 359 of 2024, under Sections 190, 191(2), 191(3), 109, 117(2), 151(3), 103, 3(5) BNS and Section 7 Crl. Law Amendment Act, Police Station Sikariganj, District Gorakhpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 6.8.2024 against the applicant and three others and 2-3 unknown persons and according to the FIR, on 5.8.2024 at about 7 pm in the evening applicant and other accused persons made assault upon informant and his nephew Adesh Chaudhary and due to the assault made by him, left hand of the informant was fractured and thereafter on the way they in front of their house, caused, fire arm injuries to his nephew Adesh Chaudhary and when after hearing the noise informant and one Rahul arrived at spot then his nephew informed him that co- accused Brijesh Tiwari @ Jagannath Tiwari shot him. 4. It is further mentioned in the FIR that when informant and others has taken the injured to the hospital then doctor declared him dead. 5. Learned counsel for the applicant submitted that applicant is innocent and on the basis of false allegations, he has been made accused in the present matter. 6. He further submitted that from the FIR of the present case and statement of the informant who is also injured of the case, recorded during investigation, it reflects that role of causing fire arm injury to the deceased has been attributed to co-accused Brijesh Tiwari @ Jagannath Tiwari and similar statement was given by witness Rahul and there is no allegation that applicant caused any injury to the deceased. 7. He further submitted that considering the facts and circumstances of the case, applicant cannot be held liable for the alleged murder of Adesh Chaudhary and at the worst, he can be prosecuted for offence under section 117(2) BNS for causing injuries to the informant. 8. He further submitted that however, apart from the present case, applicant is having criminal history of two other cases but his criminal antecedents have been explained in para-37 of the affidavit filed in support to the instant bail application. 9. He further submitted that applicant is in jail in the present matter since 7.8.2024. 10. Per contra, learned AGA as well as learned counsel the informant opposed the prayer for bail but could not dispute the fact that applicant did not cause any fire arm injury to the deceased and his criminal history of two cases has been explained in the affidavit filed in support to the instant bail application. 11. I have heard learned counsel for the parties and perused the record of the case. 12. Considering the arguments advanced by learned counsel for the applicant and the fact that role of causing fire arm injury to the deceased has not been assigned to the applicant and it has been specifically assigned to the co-accused Brijesh Tiwari @ Jagannath Tiwari and his criminal history of the two cases has been explained in the instant bail application and applicant is in jail since 7.8.2024, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Aditya Raj Tripathi Alias Anurag Tripathi, 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. 15. 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. 16. 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 :- 23.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad