Neutral Citation No. - 2025:AHC:49662 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5194 of 2025 Applicant :- Adesh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Bipul Pandey,Nikil Pathak Counsel for Opposite Party :- G.A.,Puneet Kumar Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Nikhil Pathak, learned counsel for the applicant, Sri Puneet Kumar, learned counsel for informant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 397 of 2024, under Sections 103(1), 316(2), 238, 61(2), 3(5) BNS, Police Station- Bisanda, District- Banda, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that is a case of circumstantial evidence and however, applicant was named in the FIR along with the co-accused Vippa Parihar @ Vipin but it appears that they have been made accused in the FIR on the basis of suspicion. It is further submitted that after considering the entire facts in detail, co-accused Vippa Parihar @ Vipin, has been released on bail by this Court vide order dated 03.04.2025 passed in Criminal Misc. Bail Application No. 10190 of 20245 and except motive, case of applicant is at par with him. 5. He next submits, however, apart from the present case applicant is also having criminal history of one another case but that case was also lodged by informant's side and in that case applicant is on bail and his criminal history has been explained in the supplementary affidavit. 6. It is next submitted that the applicant is in jail in the present matter since 03.11.2024 i.e. for last almost five months. 7. Per contra, learned AGA as well as counsel for the informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects applicant is named in the FIR along with the co-accused Vippa Parihar @ Vipin but after considering the entire facts in detail co-accused Vippa Parihar @ Vipin, has already been released on bail by this Court and except motive case of applicant is at par with him. 10. Further, however, apart from the present case it appears that applicant is having criminal history of one another case but his criminal history has been explained in supplementary affidavit filed in support of the instant bail application and in that case applicant is on bail and it reflects that, that case was also lodged by the informant's side against him. Further, in the present case applicant is in jail in the present matter since 03.11.2024 i.e. for last almost five months., in my view applicant is entitled to be released on bail. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Adesh Pandey, 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. 14. 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. 15. 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 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad