Neutral Citation No. - 2025:AHC:21590 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3832 of 2025 Applicant :- Jheenak Yadav Alias Satyanarayan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 308 of 2023 at Police Station- Mehnagar, District- Azamgarh, under Sections 302, 364, 201, 120-B IPC. The applicant is in jail since 21.07.2023. The bail application of the applicant was rejected by the learned trial court on 12.12.2024. The following arguments made by Sri Amarjeet Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The deceased met with a motor accident on 21.02.2023. 2. The deceased died in the incident on 21.02.2023. 3. The first informant who is son of the deceased informed the jurisdictional police station on 22.02.2023. 4. The prosecution case set out in the FIR which was recorded on 23.02.2023 by the police officers of the jurisdictional police station states that an information was received from the son of the deceased that he in turn had received information that the body of the deceased was lying on the street and his motorcycle was badly damaged. After thorough and impartial investigations, the police filed a final report. 5. The applicant was neither named nor any implicatory material was found against him in the aforesaid investigations. 6. The applicant was nominated in the second statement of the first informant before the police authorities. The statement is not reliable for various reasons. Firstly, there was no cause for failure of the first informant to nominate the applicant in the F.I.R. in the first instance and promptly inform the police authorities about the complicity of the applicant. The applicant was nominated at the instigation of inimical parties. 7. The applicant has been attributed the role of conspiracy. However, there is no evidence to connect the applicant of conspiring to commit the offence. 8. Learned counsel for the applicants claims congruency in role and seeks parity in relief granted to co-accused Anil Yadav who has been granted bail by this Court on 02.02.2024 in Criminal Misc. Bail Application No. 563030 of 2023. 9. The applicant has explained his criminal history. It is also contended that the applicant is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a solitary case only to show the proficiency of the police investigators. The said case does not have any bearing on the instant bail application. 10. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Jheenak Yadav Alias Satyanarayan Yadav be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 14.2.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad