Neutral Citation No. - 2025:AHC:49552 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11281 of 2025 Applicant :- Anand Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 536 of 2021, under Section 302 IPC, Police Station Ajeetmal, District Auraiya, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant was named in the FIR alongwith co-accused Jitendra Kumar and informant in her statement recorded during investigation also repeated the version of the FIR but during investigation number of eye witnesses stated that co-accused Jitendra Kumar was the person who caused death of the deceased and thereafter charge sheet was filed only against co-accused Jitendra Kumar and with regard to the applicant, no charge sheet was filed but when during trial informant was examined as PW-1 then she again reiterated the version of the FIR and on her testimony applicant has been summoned under section 319 Cr.P.C. 5. He further submitted that as during investigation involvement of the applicant was found false and during trial with the aid of section 319 Cr.P.C he has been made accused, therefore, applicant is entitle to be released on bail specially considering the fact that he is not even having any criminal history to his credit. 6. He further submitted that in the present matter, applicant is in jail since 11.2.2025. 7. Per contra, learned AGA opposed the prayer for bail and submitted that informant in the FIR, in her statement recorded during investigation and in her statement recorded by the trial court disclosed the name of the applicant and according to her, applicant alongwith co-accused Jitendra Kumar committed the murder of her husband but he could not dispute the fact that when during investigation Investigating Officer recorded the statements of eye witnesses Arvind, Tularam and Ramnarayan then they did not disclose the name of the applicant and they only attributed the role of causing injury to the deceased to the co-accused Jitendra Kumar and on the basis of their statements charge sheet was field only against co-accused Jitendra Kumar and no charge sheet was filed against the applicant and applicant was summoned in the present matter under section 319 Cr.P.C. 8. Learned AGA further could not dispute the fact that all the above eye witnesses have also been made witness in the charge sheet of the present case. 9. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, informant in the FIR and in the statement recorded during investigation stated that applicant alongwith co-accused Jitendra Kumar committed the murder of her husband but it reflects when during investigation Investigating Officer recorded the statements of eye witnesses Arvind, Tularam, and Ramnarayan then they did not disclose the name of the applicant and they only stated against co-accused Jitendra Kumar and on the basis of their statements no charge sheet was filed against the applicant and charge sheet was filed only against co-accused Jitendra but it reflects during trial when informant was examined then she reiterated the version of the FIR and thereafter applicant was summoned under section 319 Cr.P.C. 12. As during investigation involvement of the applicant was found false on the basis of statement of three other eye witnesses and these eye witnesses are also witnesses of the charge sheet and applicant is not having any previous criminal history, therefore, 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-Anand Kishor, 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 :- 7.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad