Neutral Citation No. - 2025:AHC:34889 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8371 of 2025 Applicant :- Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Rohit Nandan Pandey, learned Advocate, filed his power on behalf of informant, which is taken on record. 2. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Rohit Nandan Pandey, learned counsel for the informant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 344 of 2024, under Sections 191(2), 191(3), 190, 109, 103(1) BNS, Police Station- Karhal, District- Mainpuri, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with four others and two unknown persons including co-accused Saurabh and after considering entire facts of the case in detail, co-accused Saurabh has been released on bail by this Court. He further submitted that entire evidence is based on the sole eye- witness and while granting bail to co-accused Saurabh, his testimony has been considered. He further submitted that bail order of co-accused Saurabh has been annexed at page no. 80 of the paper book and on facts, case of applicant is at par with him. 5. He further submitted that co-accused Tej Pratap @ Gopal and Pavan were also named in the FIR along with applicant and both co-accused Tej Pratap @ Gopal and Pavan have also been released on bail by this Court vide order dated 05.03.2025 passed in Criminal Misc. Bail Application No. 7586 of 2025 and 7835 of 2025 respectively. 6. He further submitted that however, apart form the present case applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and out of four cases, three cases relate to minor offences and however, one case is of Section 307 IPC but in that case, after investigation, final report has been submitted. 7. He further submitted that applicant is in jail in the present matter since 30.11.2024. 8. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the fact that co-accused Saurabh has already been released on bail by this Court with a very detailed and reasoned order and on facts, case of applicant is almost at par with him. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant along with co-accused Saurabh and others made assault and due to assault made by them, deceased died but it reflects, with a very detailed and reasoned order co-accused Saurabh has already been released on bail by this Court and on facts case of applicant is almost at par with him. 11. Further, co-accused Tej Pratap @ Gopal and Pavan were also named in the FIR along with applicant and both co-accused Tej Pratap @ Gopal and Pavan have also been released on bail by this Court. 12. Further, however, apart form the present case applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and out of four cases, three cases relate to minor offences and however, one case is of Section 307 IPC but in that case, after investigation, final report has been submitted. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Brajesh 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. 16. 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. 17. 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 :- 10.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad