Neutral Citation No. - 2025:AHC:32918 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46904 of 2024 Applicant :- Kunj Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Raghuraj Singh,Ravi Prakash Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Second supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. 3. The instant bail application under Section 483 of B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.516 of 2024, under Sections 126(2), 191(2), 191(3), 190, 309(6), 109 B.N.S., Police Station Kotwali Auraiya, District Auraiya, during the pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the First Information Report, the applicant along with four co-accused and few unknown persons are alleged to have robbed the son of informant and caused fire arm injuries. In the statement of the injured, the role of firing has been assigned to the co-accused Rajdeep Thakur and Ankit Thakur @ Gunde whereas the co- accused Aniket was alleged to have robbed the injured. The statement of the injured is annexed as SA-2 to the second supplementary affidavit. The case of the applicant is distinguishable from that of the other co-accused. A vague and general role has been assigned to the applicant. The applicant is in jail since 29.09.2024, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record this Court prima facie finds that a vague and general role has been assigned to the applicant. As per statement of the injured, the role of firing has been assigned to the co-accused Rajdeep Thakur and Ankit Thakur @ Gunde. The case of the applicant is distinguishable from that of the other co-accused. Further, the applicant has no criminal antecedents and has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Kunj Kishor, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad