Neutral Citation No. - 2025:AHC:69303 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3855 of 2025 Applicant :- Pradeep Sharma Alias Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Shilpy Sharma,Sr. Advocate Counsel for Opposite Party :- G.A.,Rakesh Kuamr Yadav Hon'ble Sameer Jain,J. 1. Heard Ms. Shilpy Sharma, learned counsel for the applicant, Sri Vijay Kumar, learned A.G.A. for the State-respondent and Shri Pradeep Singh, Advocate holding brief of Sri Rakesh Kumar Yadav, learned counsel for the informant. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.155 of 2024, under Sections 61(2), 103(2), 3(5) B.N.S., 2023, Police Station Chandi Nagar, District Baghpat during pendency of the trial. 3. Learned counsel for the applicant submits that however, it is a double murder case but applicant was not named in the FIR and during investigation, he has been made accused with the aid of Section 61(2) B.N.S. alongwith co-accused Shivam Alias Dibba and after considering the entire facts of the case in detail, co- accused Shivam Alias Dibba has been released on bail by this Court vide order dated 19.02.2025 passed in Criminal Misc. Bail Application No.1424 of 2025 and on facts case of applicant is at par with him. 4. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 05.09.2024 i.e. for last more than seven months. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, it is a case of double murder and applicant involved in hatching conspiracy and therefore, it cannot be said that he is innocent and considering the entire material available on record, involvement of the applicant is quite apparent but could not dispute the fact that co-accused Shivam Alias Dibba has been released on bail by this Court vide order dated 19.02.2025 and on facts, case of applicant is at par with him. 6. They further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 05.09.2024 i.e. for last more than seven months. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it is a case, in which, two persons were murdered but it reflects, applicant was not named in the FIR and during investigation, at belated stage, he was made accused alongwith co- accused Shivam Alias Dibba with the aid of Section 61(2) B.N.S. and however, as per prosecution, applicant alongwith co-accused Shivam Alias Dibba hatched conspiracy but it reflects, there is no cogent evidence of conspiracy and after considering the entire facts of the case in detail, co-accused Shivam Alias Dibba has been released on bail by this Court vide order dated 19.02.2025. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.09.2024 i.e. for last more than seven months. 10. Therefore considering the facts and circumstances 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 - Pradeep Sharma Alias Sonu 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. 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 :- 1.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad