Neutral Citation No. - 2025:AHC-LKO:26292 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12402 of 2024 Applicant :- Shubham Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Harendra Pratap Singh,Anuj Dayal,Hari Bux Singh,Neeraj Singh,Reshu Sharma Counsel for Opposite Party :- G.A.,Amiruddin Khan,Mohammad Salam,Shaukat Ali,Shitla Prasad Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Shweta Mishra, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate for the State, Sri Shaukat Ali, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 337 of 2024, under Sections 140(2), 103(1), 238 B.N.S. registered at Police Station Gangaghat, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.07.2024 against five persons, not including the applicant stating that the informant's husband had gone with one of the named accused person Tushar on 25.07.2024 and thereafter when the informant's daughter in law had made a phone call to her husband the phone was received by the named accused Tushar but when he made phone call again after half an hour the phone got switched off. The informant expressed suspicion about something untoward having happened against her husband. The police claimed to have arrested the named accused person Tushar along with the applicant who is cousin of the named accused person Tushar. In their custodial statements they confessed that the applicant had caught hold of the victim and Tushar had assaulted him with a brick. Co- accused Aman Singh @ Tushar Singh has already been granted bail by this court by means of an order dated 11.04.2025, passed in Criminal Misc. Bail Application No.3067 of 2025 after taking into consideration the fact that apart from the confession made in the custodial statement there is no other material to connect the accused person with commission of the offence. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Although, the learned Additional Government Advocate appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail but they could not dispute that the co-accused against whom role of killing has been assigned has already been granted bail and the allegation against the applicant is merely of catching hold of the victim. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 02.08.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Shubham 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 6.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench