Neutral Citation No. - 2025:AHC:72466 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5674 of 2025 Applicant :- Kishan Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Agrawal,Santosh Yadav Counsel for Opposite Party :- G.A.,Gagan Pratap Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Rishabh Agrawal, learned counsel for the applicant, Sri Gagan Pratap Singh, learned counsel for the informant and Dr. S.B.Maurya, learned AGA-I, for the State. 3. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 0001 of 2025, under Sections 191(2), 191(3), 190, 103(1) and 61(2)(Ka) BNS and Section 7 Criminal Law Amendment Act, Police Station Sikandara, District Agra, during pendency of the trial. 4. Learned counsel for the applicant submits that applicant was not named in the FIR and during investigation he has been made accused in the present matter along with co-accused Prabhakar Chaudhary and after considering entire facts in detail co-accused Prabhakar Chaudhary has been released on bail by this Court vide order dated 3.4.2025 passed in Criminal Misc. Bail Application No. 10142 of 2025 and on facts case of applicant is at par with him. 5. He further submits that however, apart from the present case applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and out of four cases, three cases were of minor offence and one case was although for offence under Section 307 IPC but in that case after investigation final report has been submitted. 6. He further submits that in the present matter applicant is in jail since 6.1.2025. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the fact that applicant was not named in the FIR and during investigation he has been made accused along with co- accused Prabhakar Chaudhary and co-accused Prabhakar Chaudhary has already been released on bail by this Court and on facts, case of applicant is at par with him. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record it reflects that during investigation applicant has been made accused in the present matter along with co- accused Prabhakar Chaudhary and co-accused Prabhakar Chaudhary has already been released on bail by this Court after considering entire facts in detail and on facts case of applicant is at par with him. 10. Further, however, it reflects that applicant is having criminal history of four other cases but three cases were of minor offence and one case which was although for offence under Section 307 IPC but in that case after investigation final report has been submitted. 11. Further, applicant is in jail in the present matter since 6.1.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Kishan 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. 15. 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. 16. 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 :- 6.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad