Neutral Citation No. - 2025:AHC-LKO:33610 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4920 of 2025 Applicant :- Neeraj Yadav @ Pujari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey,Osama Syed Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Second Supplementary affidavit has been filed on behalf of the applicant, which is taken on record. 2. Heard Shri Riyaz Ahmad, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. for the State, Shri Narendra Yadav, learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.53 of 2025 under Sections 103(1), 61(2), 115(2), 191(2), 191(3), 190 of B.N.S. registered at Police Station- Kakori, District- Lucknow (West). 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against- (i) Sumit Kanaujia, (ii) Golu Yadav, (iii) Tauwa Yadav and (iv) Akhilesh Yadav, stating that the informant and his companion Kunal had stopped at a cigarette shop. When the shopkeeper stated about unavailability of cigarette, the informant's companion Kunal suggested that they should take some other cigarette. Upon this, Akhilesh Yadav slapped him. When the dispute escalated, the informant told his brother-in-law Ankit Rajput about the incident. Ankit came on the spot alongwith his companion Suraj Rawat and Karan. By that time, the miscreants had already gone away. Ankit made a phone call to Sumit Kanaujia and enquired about the incident. Thereafter, Sumit Kanaujia came back with Golu Yadav, Tauwa Yadav and Akhilesh Yadav and any one of the aforesaid four persons shot at the informant's brother-in-law Ankit. He was taken to the Hospital where he was declared dead. 4. The police arrested four persons- (i) Sumit Kanaujia, (ii) Sarvan, (iii) Anshu Yadav and (iv) Ranjeet Kumar on the basis of information received from a Mukhbir. Different amounts of money and two motorcycles were recovered from their possession. In the custodial statements, the accused persons confessed about their involvement in commission of the offence and they stated that Himanshu @ Golu had shot at the deceased. 5. In the statement of the informant recorded under Section 180 B.N.S.S, he stated that the deceased was in property dealing business. Co-accused Golu Yadav was also in property dealing business. Both of them used to work for Neeraj Yadav @ Pujari (the applicant), who is the person of criminal bent of mind. He expressed a suspicion that the applicant's might have eliminated the deceased due to some property dispute. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years and he has been falsely implicated in the present case. 7. The applicant's involvement in 12 cases has been disclosed in para 38 of the affidavit filed in support of the bail application and he has been granted bail in all the cases. 8. The learned counsel for the applicant has submitted that co- accused persons, namely, Anshu Yadav @ Kali and Ranjeet Kumat, have been granted bail by means of orders dated 07.05.2025 and 19.05.2025 passed by this Court in Bail Application Nos. 3924 of 2025 and 4268 of 2025, respectively. 9. Learned A.G.A. as well as the learned counsel for the informant have opposed the bail application. Learned A.G.A. has produced relevant extract of case diary for perusal of the Court. The cigarette shop owner Abrar has stated that Sumit Kanaujia and Akhilesh Yadav had come there alongwith Himanshu @ Golu Yadav, Sarvan @ Tauwa Yadav, Ranjeet and Anshu Yadav, all of them surrounded Ankit Lodhi and someone of them had shot at him. Learned A.G.A. has further submitted that eye-witness Suraj Rawat and Karan Gautam have also stated about the applicant's involvement in commission of the offence. He has stated that the investigation of the case has completed and charge sheet has been forwarded. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant was present on the spot of the incident and in the FIR lodged about six hours of the incident, he has named four persons and he has not named the applicant therein; the applicant has been arrested by the police along with three accused persons Sumit Kanaujia, Anshu Yadav @ Kali and Golu Yadav; no incriminating material has been recovered from the applicant; although the informant has stated about involvement of four named persons in commission of the offence, subsequently the shopkeeper stated that six persons were involved in commission of the offence, including the applicant; even in that statement, the only allegation is that the applicant was standing there surrounding the deceased person and no other allegation has been levelled against the applicant and that the applicant is a young man aged 25 years and he is languishing in jail since 17.04.2025 whereas two co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Neeraj Yadav @ Pujari be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. (Subhash Vidyarthi, J.) Order Date :- 30.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench