Neutral Citation No. - 2025:AHC:23634 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46375 of 2024 Applicant :- Rinku Alias Dushyant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Anil Kumar, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 261 of 2019, under Sections 306 IPC, Police Station Hathras Gate, District Hathras during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false allegation of abetment during investigation applicant has been made accused in the present matter. He further submits, when applicant came to know about his involvement then he challenged the FIR of the present case before this Court in Criminal Misc. Writ Petition No. 4959 of 2020 and on 15.06.2020 his writ petition was disposed off by the Division Bench of this Court with a direction that applicant shall not be arrested till the submission of the police report under Section 173(2) Cr.P.C. 5. He further submits, however, charge-sheet against the applicant had been filed in the year 2020 but applicant could not become aware about it as applicant resided in District Noida due to his private job and when police arrested him on 15.09.2024 then he came to know that summons and coercive measures are being issued against him. 6. He further submits, as far as merit of the present case is concerned, there was no cogent evidence of abetment against the applicant, therefore, his arrest was stayed during investigation and as during investigation applicant was not arrested, therefore, there is no occasion to detain him further in the present matter. 7. He further submits, however, apart from the present case applicant is having criminal history of one another case but he explained his criminal history in the instant bail application. He further submits, in the present matter applicant is in jail since 15.09.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it reflects, present matter is of the year 2019 and applicant is in jail since 15.09.2024 but it also reflects, he was not named in the FIR and during investigation he has been made accused in the present matter and during investigation his arrest was stayed by the Division Bench of this Court till submission of the charge-sheet when he challenged the FIR of the present case in Criminal Misc. Writ Petition No. 4959 of 2020, therefore, considering this fact it cannot be said that applicant was an absconder. 11. Further, even from the record, it could not be reflected there is any cogent evidence of abetment against the applicant and as during investigation his arrest was stayed, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that after submission of the charge-sheet there is no occasion to detain him further in the present matter. 12. Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in the present matter applicant is in jail since 15.09.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Rinku @ Dushyant Kumar 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. 16. 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. 17. 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 :- 19.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad