Neutral Citation No. - 2025:AHC:71944 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5701 of 2025 Applicant :- Akshay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Kapil Kumar,Nitika Sharma Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2.Heard Sri Vivek Kumar Singh, learned counsel for the applicant; Sri Kapil Kumar, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 303 of 2024, under Sections 190, 191(2), 191(3), 115(2), 351(2), 352, 103(1), 3(5) BNS, Police Station Chhaprauli, District Baghpat, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegations applicant has been made accused in the present matter alongwith several others and admittedly co-accused Vishal caused fire arm injury to the deceased. 5. He further submitted that after considering entire facts of the case, co-accused Vivek Sharma has been released on bail by this Court vide order dated 7.4.2025 passed in Crl. Misc. Bail Application No. 11217 of 2025 and on merit, case of applicant is at par with him. 6. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 25.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that co-accused Vivek Sharma has already been released on bail by this Court and 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. Considering the arguments advanced by learned counsel for the applicant and the fact that there is no allegation that applicant caused any injury to the deceased and similarly placed co-accused Vivek Sharma has already been released on bail by this Court and applicant is having no criminal history and in the present matter, applicant is in jail since 25.11.2024, 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-Akshay Sharma, 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. 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 :- 6.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad