Neutral Citation No. - 2025:AHC:25662 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2718 of 2025 Applicant :- Rajesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- Alok Kumar Dubey,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Vinay Saran, learned Senior Advocate assisted by Sri Alok Kumar Dubey, learned counsel for the informant and Sri Manoj Kumar Singh, learned brief holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.250 of 2024, under Sections 191(3), 131, 103(2), 61(2) BNS and Section 7 Criminal Law Amendment Act, Police Station Gaurabadshahpur, District Jaunpur, during pendency of the trial. 3. Learned Senior Advocate appearing on behalf of the applicant submits that with the aid of Section 61(2) BNS applicant has been made accused in the present matter and admittedly, he was neither present at spot nor he caused any injury to the deceased. 4. He further submits that even there is no cogent evidence of conspiracy against the applicant. He next submits that merely because applicant made conversation several times with other accused persons who committed murder of the deceased, he has been made accused in the present matter. It is next submits, merely due to the conversation made by the applicant with other accused persons, it cannot be said that applicant hatched the conspiracy. 5. He further submits that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 02.11.2024. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the perusal of record, it reflects that with the aid of Section 61(2) BNS, applicant has been made accused in the present matter and admittedly, he was neither present at spot nor he caused any injury to the deceased. Further, considering the entire material available on record, the argument advanced by learned counsel for the applicant that there is no cogent evidence of conspiracy against the applicant, cannot be ruled out at this stage. 9. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 02.11.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Rajesh Yadav 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. 13. 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. 14. 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 :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad