Neutral Citation No. - 2025:AHC:78445 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3419 of 2025 Applicant :- Vivek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Prakash Chandra Tripathi Counsel for Opposite Party :- G.A. alongwith Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3378 of 2025 Applicant :- Aniket Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Prakash Chandra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. As both the connected matters are arising from the same FIR, therefore, both the bail applications have been 'disposed of' by a common order. 2. Heard Sri Prakash Chandra Tripathi, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 170 of 2017, under Sections 302, 201 IPC, Police Station Gola, District Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicants submitted that however, both the applicants were named in the FIR but during investigation when informant and other witnesses did not disclose their names in their statements then no chargesheet was filed against them but surprisingly when the informant was examined by the trial court as PW-1 then he again started making allegation against applicants. 5. He further submitted that even it is a case of circumstantial evidence and as per informant, applicants and other accused had taken the deceased and there is no eye witness account. 6. He further submitted that as applicant has been summoned under section 319 Cr.P.C. and initially during investigation their involvement was found false, therefore, they are entitled to be released on bail. 7. He further submitted that applicant-Aniket is having no previous criminal history to his credit, however, applicant-Vivek Kumar is having criminal history of 2 other cases but his criminal antecedents have been explained in the instant bail application and out of these two cases, in one case after investigation final report has been submitted and in another case, he is on bail. 8. He further submitted that in the present matter, applicants are in jail since 18.11.2024 i.e. for last almost six months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. However, it reflects that applicants were named in the FIR but record also suggests that during investigation, their involvements were found false and no chargesheet was filed against them and it reflects that on the basis of statement of the witnesses recorded by the trial court, they have been summoned under section 319 Cr.P.C. 12. Further, record also suggests that it is a case of circumstantial evidence and except evidence of last seen, there is no other cogent evidence against the applicants on record. 13. Further, however, applicant-Vivek Kumar is having criminal history of two other cases but his criminal antecedents have been explained in the instant bail application and out of these two cases, in one case during investigation final report has been submitted and in another case, he is on bail. As far as case of applicant- Aniket is concerned, apart from the present case, he is not having any previous criminal history to his credit. 14. Further, in the present matter applicants are in jail since November, 2024 i.e for last almost six months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicants are entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicants-Vivek Kumar and Aniket, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade their from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 18. 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 applicants. 19. 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 :- 13.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad