Neutral Citation No. - 2025:AHC:33729 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45853 of 2024 Applicant :- Monu Yadav Alias Sujit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Munna Babu Counsel for Opposite Party :- Anurag Mishra,G.A.,Nitin Sharma Hon'ble Sameer Jain,J. 1. Heard Shri Munna Babu, learned counsel for the applicant, Dr. S. B. Maurya, learned A.G.A.-I for the State-respondent and Shri Prabhat Pandey, Advocate holding brief of Shri Nitin Sharma, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.522 of 2019, under Sections 302, 394, 411 I.P.C., Police Station Soraon, District Allahabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, applicant was named in the FIR but during investigation, his involvement was found false and therefore, no charge-sheet was filed against him but on 08.05.2023, he was summoned in the present matter under Section 319 Cr.P.C. alongwith co-accused Shiv Narayan Mihsra and one another. 4. He further submits that however, applicant was summoned under Section 319 Cr.P.C. in May 2023 but he could not become aware about the summoning order passed against him under Section 319 Cr.P.C. and when he came to know about this fact then he challenged the summoning order dated 08.05.2023 before this this Court in criminal revision but when hearing could not take place on his revision then, he had to surrender before the court concerned on 11.11.2024 and since then he is in jail. 5. He further submits that co-accused Shiv Narayan Mishra who was also summoned u/s 319 Cr.P.C. has been released on bail by Co-ordinate Bench of this Court vide order dated 19.02.2025 passed in Criminal Misc. Bail Application No.260 of 2025. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 11.11.2024. 7. Per contra, learned A.G.A.-I as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. From the record, it reflects, however applicant was named in the FIR alongwith two others but after investigation, no charge-sheet has been filed against him and it appears, he was summoned in the present matter alongwith two others including co-accused Shiv Narayan Mishrain under Section 319 Cr.P.C. However, record suggests that applicant was summoned on 08.05.2023 and he is in jail in the present matter since 11.11.2024 but considering the fact that applicant was summoned under Section 319 Cr.P.C., the submission advanced by learned counsel for the applicant that applicant is not an absconder as no summons could ever be summoned upon him, cannot be ruled out. 10. Further, co-accused Shiv Narayan Mishra has been released on bail by Co-ordinate Bench of this Court vide order dated 19.02.2025. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 11.11.2024. 12. Therefore, considering the facts and circumstances of the case, discussed above, 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- Monu Yadav Alias Sujit 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. 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 :- 7.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad