Neutral Citation No. - 2025:AHC:55757 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2450 of 2025 Applicant :- Aashish Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- Dinesh Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. None appeared on behalf of informant even in revised call. 2. Heard Sri Suneel Kumar Mishra, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 116 of 2024, under Sections 140(3), 103, 238, 3(5) BNS, Police Station- Kachhawan, District- Mirzapur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with co-accused Umashankar Bind @ Shahanaj but he has been falsely made accused in the present matter merely on the basis that deceased and other accused persons used his auto and only being auto driver, he has been made accused in the present matter. 5. He further submitted that with a very detailed order co-accused Umashankar Bind @ Shahanaj, who was also named in the FIR, has been released on bail by this Court vide order dated 15.04.2025 passed in Criminal Misc. Bail Application No. 3377 of 2025 and on facts, case of applicant is at better footing than him. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.12.2024. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR along with co-accused Umashankar Bind @ Shahanaj but it reflects, only being auto driver, he has been made accused in the present matter with the allegation that other accused persons used his auto including co- accused Umashankar Bind @ Shahanaj and co-accused Umashankar Bind @ Shahanaj has already been released on bail by this Court. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 05.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, 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- Aashish Maurya 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 :- 16.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad