Neutral Citation No. - 2025:AHC:28345 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3595 of 2025 Applicant :- Shubham Tiwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan Hon'ble Sameer Jain,J. 1. Heard Sri Rajeev Kumar Singh, learned counsel for the applicant; Sri Mohd. Shoeb Khan, learned counsel for the informant and Sri Manoj Kumar, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 705 of 2024, under Sections 103(1), 115(2), 351(3), 74, 61(2), 75, 78(1) BNS and Section 7/8 POCSO Act, Police Station Kasya, District Kushinagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, only being brother of the co-accused Satyam, applicant has been made accused in the present matter. 5. He further submitted that admittedly, there is no allegation that applicant caused any injury to the deceased and only allegation against the applicant is that he was alongwith co-accused Satyam and he was driving the motorcycle and he has taken the co-accused Satyam i.e. his brother at the place of incident and stop the motorcycle and thereafter co-accused Satyam inflicted knife blow to the deceased but merely on the basis of such allegations, it cannot be said that applicant was also having common intention to commit the murder of the deceased along with his brother Satyam. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 8.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the real brother of the co-accused Satyam who caused injury to the deceased and he was alongwith co-accused Satyam and he was also driving the vehicle and he has taken the co-accused Satyam at the place of incident, therefore, it cannot be said that he is innocent. 7. They further submitted that earlier also applicant and co-accused Satyam threatened the deceased and therefore, all these facts indicate, applicant was having common intention to commit the murder of the deceased but both could not dispute the fact that role of causing injury to the deceased has been attributed to co-accused Satyam and applicant is not having any previous criminal history. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is the real brother of co-accused Satyam but there is no allegation that he caused any injury to the deceased and specific role of causing injury to the deceased has been attributed to the co-accused Satyam. 10. Further, considering, material available on record, arguments advanced by learned counsel for the applicant that at this stage, it cannot be said that applicant was also having any common intention as no overt act has been assigned to him, cannot be ruled out, at this stage. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 8.11.2024. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Shubham 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. 15. 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. 16. 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 :- 28.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad