Neutral Citation No. - 2025:AHC:67005 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5725 of 2025 Applicant :- Durgesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- Vikram Bahadur Singh,Amit Kumar Yadav,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant, Sri Vikram Bahadur Singh, learned A.G.A.-I for the State-respondent and Shri Vikram Bahadur Singh, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.359 of 2024, under Sections 190, 191(2), 191(3), 109, 117(2), 351(3), 103, 3(5) B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Sikariganj, District Gorakhpur, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Aditya Raj Tripathi Alias Anurag Tripathi and after considering the entire facts of the case, co- accused Aditya Raj Tripathi Alias Anurag Tripathi has been released on bail by this Court vide order dated 23.01.2025 passed in Criminal Misc. Bail Application No.43729 of 2024 and on facts, case of applicant is at par with him. 4. He further submits that even role of causing injury to the deceased has not been assigned to the applicant and it has been assigned to co-accused Brijesh Tiwari @ Jagannath Tiwari. 5. He further submits that however apart from the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application. He further submitted that even both the cases relate to minor offences. 6. He further submitted that applicant is in jail since 8.8.2024 i.e. for last more than eight months. 7. Per contra, learned AGA and learned counsel for informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Aditya Raj Tripathi Alias Anurag Tripathi has already been released on bail by this Court and role of causing injury has not been assigned to the applicant and however, apart from present case, applicant is having criminal history of two other cases but his criminal antecedents have been explained in the instant bail application and both the cases relate to minor offence and he is in jail since 8.8.2024 i.e. for last more than eight months, 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-Durgesh Singh, 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 :- 30.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad