Neutral Citation No. - 2025:AHC:50009 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3345 of 2025 Applicant :- Vikas Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Aryan Srivastava Counsel for Opposite Party :- Bhupendra Kumar Pandey,Devendra Vikram Singh,G.A.,Saurabh Kumar Pandey,Saurabh Kumar Rai Hon'ble Sameer Jain,J. 1. Heard Sri P.C. Srivastava, learned counsel for the applicant, Sri Azaz Ahmad, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 637 of 2024, under Sections 115(2), 352, 110, 3(5), 105, 61(2) BNS, Police Station- Kotwali, District- Azamgarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation through the CCTV footage, he has been made accused in the present matter. He further submitted that however, applicant was visible in the CCTV footage but even as per CCTV footage, role of causing injury has not been assigned to the applicant and only role of exhortation has been assigned to the applicant. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.01.2025. 5. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the fact that as per CCTV footage, applicant made exhortation and thereafter other co-accused persons made assault upon the deceased. They further could not dispute the fact that applicant is not having any criminal history. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects that applicant was not named in the FIR and during investigation, through CCTV footage, he has been made accused in the present matter. 8. Further, in the CCTV footage, however, applicant was visible but from its perusal, it reflects, on the exhortation made by the applicant other co-accused persons made assault upon the deceased. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.01.2025. 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- Vikas Tiwari 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 :- 7.4.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad