Neutral Citation No. - 2025:AHC:73718 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7151 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Gyanendra Kumar Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 26 of 2024, under Sections 323, 304, 452, 308/34 IPC, Police Station Kotwali Fatehgarh, District Farrukhabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of general and omnibus allegations applicant has been made accused in the present matter alongwith three others including co-accused Mithilesh and co-accused Mithilesh has been released on bail by the co-ordinate Bench of this Court and his bail application has been annexed at page 93 of the paper book. 4. He further submitted that however co-accused Mithilesh was lady but on this ground she was not enlarged on bail and it reflects that on merit she was enlarged on bail. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 6.2.2024 i.e. for last more than a year. 6. Per contra, learned AGA 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 the parties and perused the record of the case. 8. However, as per allegation due to the assault made by applicant and three others one person died but on the basis of general and omnibus allegations, applicant has been made accused in the present matter alongwith others including co-accused Mithilesh and co-accused Mithilesh has been released on bail by the co- ordinate Bench of this Court. 9. However, it reflects co-accused Mithilesh was female but from her bail order it reflects that she was not enlarged on bail on this ground rather if appears, her bail order has been passed on merit and as far as merit of the case is concerned, case of applicant is at par with her. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 6.2.2024 i.e. for last more than a year. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Dinesh 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 :- 7.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad