Neutral Citation No. - 2025:AHC:94109 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3674 of 2025 Applicant :- Shoyab Alias Sijaro Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Jaiswal Counsel for Opposite Party :- G.A.,Ramesh Kumar Sahu Hon'ble Sameer Jain,J. 1. Heard Sri Vishal Jaiswal, learned counsel for the applicant, Sri Ashutosh Singh, learned A.G.A. for the State-respondent and Sri Ramesh Kumar Sahu, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.30 of 2024, under Sections 302/34 I.P.C., Police Station Railbazar, District Kanpur Nagar, during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation when statement of one witness Mubarak was recorded then he claimed himself to be eye- witness and stated that on the catching hold of the applicant and co-accused Ansh, co-accused Shubham Jaiswal and Sijaro made assault upon the deceased and similar statement was given by another alleged eye-witness Chand @ Mohd. Irfan but bail application of co-accused Shubham Jaiswal has been allowed by Co-ordinate Bench of this Court vide order dated 08.04.2025 passed in Criminal Misc. Bail Application No.5580 of 2025 and on facts case of applicant is on better footing than him. 4. He further submits that however, apart from the present case, applicant is having criminal history of one another case but that case relates to period of Covid-19 Pandemic and his criminal history has been explained in the instant bail application and he is in jail in the present matter since 01.03.2024 i.e. for last more than a year. 5. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard both the parties and perused the record of the case. 7. From the record, it reflects, applicant was not named in the FIR but during investigation when statement of one witness Mubarak was recorded then he disclosed the name of the applicant and according to him, applicant and co-accused Ansh caught hold the deceased and thereafter, co-accused Shubham Jaiswal and Sijaro made assault upon the deceased through bricks and similar statement was given by another alleged eye-witness Chand @ Mohd. Irfan but it reflects, bail application of co-accused Shubham Jaiswal has been allowed by Co-ordinate Bench of this Court vide order dated 08.04.2025 and it appears, on facts case of applicant is on better footing than him. 8. Further, criminal history of solitary case of the applicant has been explained in the instant bail application and and he is in jail in the present matter since 01.03.2024 i.e. for last more than a year. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Shoyab Alias Sijaro 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 her 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. 12. 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. 13. 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 :- 30.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad