Neutral Citation No. - 2025:AHC:75182 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3018 of 2025 Applicant :- Deepak Tiwari Alias Bhagwan Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Nath Tripathi,Satyendra Kumar Pandey Counsel for Opposite Party :- Amit Kumar Singh,Anupam Prakash Singh,G.A.,Santosh Kumar Srivastava Hon'ble Sameer Jain,J. 1. Case called out in revised list. None present on behalf of the informant. 2. Heard Sri S.K. Pandey, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 63 of 2024, under Sections 302 IPC and Section 3/25 Arms Act, Police Station Singramau, District Jaunpur during pendency of the trial. 4. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Sections 504, 307 IPC but after the death of the injured case was converted under Section 302 IPC. 5. He further submits, however, applicant is named in the FIR along with co-accused Ankaj Tiwari but only general allegations have been made against them. 6. He further submits, when the statement of the informant was recorded then he however repeated the version of the FIR but when particular question was asked by the Investigating Officer then he stated that co-accused Ankaj Tiwari was the person who caused firearm injury to the deceased. 7. He further submits, during investigation Investigating Officer recorded the statement of one witness Ashok and he categorically stated that co-accused Ankaj and Ghanshyam caused injury to the deceased, however, he stated that applicant was driving the motorcycle, therefore, there is no allegation that applicant caused injury to the deceased. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.06.2024 i.e. for last almost a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the argument advanced by learned counsel for the applicant and the fact that there is no allegation that applicant caused injury to the deceased and applicant is not having any criminal history and in the present matter he is in jail for last almost a year, 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 - Deepak Tiwari @ Bhagwan 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 :- 8.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad