Neutral Citation No. - 2025:AHC:68946 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5738 of 2025 Applicant :- Virendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.,Hardeo Singh Hon'ble Sameer Jain,J. 1. Heard Shri Ravi Sahu, learned counsel for the applicant, Shri Kunwar Tejendra Bahadur, learned A.G.A. for the State- respondent and Shri Hardeo Singh, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.367 of 2024, under Sections 103(1), 238(A) B.N.S., Police Station Shivli, District Kanpur Dehat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation, he has been made accused through the statement of his brother, who is also accused in the present matter and therefore, applicant has been made accused in the present matter through the statement of co-accused. 4. He further submits that except the statement of the co-accused and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 5. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 10.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. As per the record, it reflects, applicant was not named in the FIR and he has been made accused in the present matter through the statement of co-accused and except the statement of the co- accused and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 9. Further, However, as per allegation, applicant caused brick injury to the deceased and due to which, he died but it also reflects, there is delay of fourteen hours in lodgding the FIR of the present case. 10. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 10.12.2024. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Virendra Kumar, 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. 14. 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. 15. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad