Neutral Citation No. - 2025:AHC:74141 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7166 of 2025 Applicant :- Kartar Singh Yadav Alias Hargovind Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pathak,Chandra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Pathak, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2024, under Sections 140(1), 109, 352, 351(2), 351(3), 103(1), 3(5), 61(2), 249 BNS, Police Station- Jariya, District- Hamirpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, he has been made accused through the fourth statement of the informant with the aid of Section 61(2) BNS but except the bald and verbal allegation, there is no cogent evidence of conspiracy against the applicant. 4. He further submitted that co-accused Dharmendra Singh Yadav was also made accused with the aid of Section 61(2) BNS and he has been released on bail by this Court vide order dated 03.04.2025 passed in Criminal Misc. Bail Application No. 10241 of 2025 and on facts case of applicant is at par with him. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 24.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects, applicant was not named in the FIR and during investigation, it reflects, through the fourth statement of the informant, he has been made accused with the aid of Section 61(2) BNS and as per prosecution, applicant had conversation with principal accused several times but in view of this Court, merely on this basis, at this stage, it cannot be said that applicant hatched conspiracy. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 24.10.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Kartar Singh Yadav Alias Hargovind Singh 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. 13. 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. 14. 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 :- 7.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad