Neutral Citation No. - 2025:AHC:71115 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5266 of 2025 Applicant :- Shiva Alias Shivam Raghav Opposite Party :- State of U.P. Counsel for Applicant :- Gambhir Singh Counsel for Opposite Party :- G.A.,Zafeer Ahmad Hon'ble Sameer Jain,J. 1. Heard Sri Gambhir Singh, learned counsel for the applicant; Sri Zafeer Ahmad, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1005 of 2024, under Sections 103(1), 61(2) BNS, Police Station Majhola, District Moradabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged against the applicant and co- accused Aditya Raghav and according to the FIR, applicant and co-accused Aditya Raghav committed the murder of the brother of the informant by causing fire arm injury to him and thereafter ran away from the motorcycle. 4. Learned counsel for the applicant submitted that however applicant was named in the FIR but during investigation when the statement of the informant was also recorded under section 180 BNS then he stated that due to mistake, he disclosed the name of the applicant alongwith co-accused Aditya Raghav and actually Harsh Chaudhary was alongwith co-accused Aditya Raghav. 5. He further submitted that other eye witness also repeated the version of the informant and therefore, from their statements, it could not be reflected that applicant caused any injury to the deceased and as per the prosecution co-accused Aditya Raghav caused fire arm injuries to the deceased. 6. He further submitted that from the statement of the informant recorded during investigation, it reflects that applicant also involved in the present crime for hatching conspiracy but except bald and verbal evidence, there is no cogent evidence in this regard against him on record. 7. He further submitted that it appears only being brother of the co- accused Aditya Raghav, applicant has also been roped in the present matter. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 6.11.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, applicant was not on the motorcycle alongwith co-accused Aditya Raghav and co-accused Aditya Raghav was the person who caused fire arm injury to the deceased but there is evidence that applicant also involved in the present crime as some eye witnesses witnessed him near the place of incident. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR alongwith principal accused Aditya Raghav but during investigation when the statement of the informant was recorded then he stated that he wrongly mentioned the name of the applicant and actually on the motorcycle alongwith Aditya Raghav, Harsh Chaudhary was sitting. 12. Further, however, it reflects with the aid of section 61(2) BNS applicant has been made accused in the present matter but after considering entire material available on record, this Court finds merit in the arguments advanced by learned counsel for the applicant that there is even no cogent evidence of conspiracy against the applicant. 13. Further, admittedly role of causing injury to deceased has been assigned by the prosecution witnesses to co-accused Aditya Raghav. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 6.11.2024. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Shiva Alias Shivam Raghav, 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. 18. 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. 19. 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 :- 5.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad