Neutral Citation No. - 2025:AHC:32930 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7918 of 2025 Applicant :- Dudhnath Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Aravind Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Aravind Kumar Maurya, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 195 of 2024, under Sections 105, 115(2), 352, 351(2), 191(2), 324(4), 190 BNS, Police Station- Madihan, District- Mirzapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant was named in the FIR but only role of exhortation has been assigned to him. He further submitted that however, it reflects, informant of the case is not the eye-witness but even witness Lal Bahadur, who was also injured witness, also attributed the role of exhortation to the applicant. 4. He further submitted that however, bail application of co- accused Vivek Kumar Patel has been dismissed by this Court vide order dated 20.01.2025 passed in Criminal Misc. Bail Application No. 1625 of 2025 but as role of causing injury to the deceased has been assigned to him, therefore, case of applicant is distinguishable from the case of Vivek Kumar Patel. 5. He further submitted that however, apart from the present case, applicant has also been made accused in one another case relates to matrimonial dispute but in that cease, even arrest of the applicant has been stayed by this Court and criminal history of the applicant has been explained in the instant bail application. 6. He further submitted that applicant in jail in the present matter since 12.10.2024. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, from the record, it reflects that bail application of co- accused Vivek Kumar Patel has been dismissed by this Court but it reflects, case of applicant is distinguishable from him as it appears, only role of exhortation has been assigned to the applicant while role of causing injury to the deceased was assigned to co-accused Vivke Kumar Patel. 10. Further, however, apart from the present case, applicant has also been made accused in one another case relates to matrimonial dispute but in that cease, even arrest of the applicant has been stayed by this Court and criminal history of the applicant has been explained in the instant bail application. 11. Further, applicant in jail in the present matter since 12.10.2024. 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- Dudhnath Maurya 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 :- 6.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad