Neutral Citation No. - 2025:AHC:35998 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47590 of 2024 Applicant :- Adarsh Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Nishi Sengar Counsel for Opposite Party :- G.A.,Jitendra Kumar,Rajeev Kumar Singh Hon'ble Sameer Jain,J. 1. Heard Sri Alok Kumar Sharma, learned Advocate holding brief of Sri Nishi Sengar, learned counsel for the applicant, Sri Jitendra Kumar, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 435 of 2024, under Sections 351(2), 352, 103, 3(5) BNS and 3/25/27 Arms Act, Police Station- Harduaganj, District- Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Lakhan Yadav and Dharmendra and as per prosecution, fire-arm injury was caused to the deceased by co-accused Dharmendra. 4. He further submitted that after considering entire facts of the case in detail, co-accused Lakhan Yadav has been released on bail by this Court and his bail order has been annexed along with the supplementary affidavit dated 03.03.2025 filed in support of the instant bail application and on facts, case of applicant at par with him. 5. He further submitted that however, apart from the present case, applicant is having criminal history of six other cases but his criminal history has been explained in the supplementary affidavit dated 17.02.2025 filed in support of the instant bail application and out of six cases, five cases relate to minor offences and sixth case is however, case under Section 307 IPC but it was police party encounter no injury case. 6. He further submitted that applicant is in jail in the present matter since 19.08.2024 i.e. for last more than six months. 7. Per contra, learned AGA as well as learned counsel for the informant, 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, as per allegation, applicant along with co-accused Lakhan Yadav and Dharmendra committed the murder of the deceased but from the record, it reflects, role of causing fire-arm injury to the deceased has been assigned to co-accused Dharmendra. 10. However, as per allegation, applicant and co-accused Lakhan Yadav were apprehended at spot but after considering entire facts of the case in detail, co-accused Lakhan Yadav has been released on bail by this Court and on facts, case of applicant at par with him. 11. Further, however, apart from the present case, applicant is having criminal history of six other cases but criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and it reflects, out of six cases, five cases relate to minor offences and sixth case is however, case under Section 307 IPC but it was police party encounter no injury case. 12. Further, applicant is in jail in the present matter since 19.08.2024 i.e. for last more than six months. 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- Adarsh Thakur 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 :- 11.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad