Neutral Citation No. - 2025:AHC:43288 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9739 of 2025 Applicant :- Yogendra Prasad Rai Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Bhupendra Kumar Pandey, learned Advocate filed his power on behalf of informant, which is taken on record. 2. Heard Sri Ved Mani Sharma, learned Advocate holding brief of Sri Dr. Om Prakash Yadav, learned counsel for the applicant, Sri Bhupendra Kumar Pandey, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 637 of 2024, under Sections 115(2), 352, 105, 3(5), 61(2) BNS, Police Station- Kotwali, District- Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was not named in the FIR and when the statement of the informant was recorded on 02.12.2024 i.e. after about a week from the date of incident then she disclosed the name of the applicant and this fact clearly suggests that on the basis of false allegation, during investigation, applicant has been made accused in the present matter. 5. He further submitted that even from the statements of the informant and her niece, the alleged eye-witnesses, it reflects, role of causing injury to the deceased has not been assigned to the applicant and only allegation against him is that he was present at spot and on his instigation, other accused persons made assault upon the deceased. 6. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but he was not having any previous criminal history and subsequent to the present incident, he has been made accused in that case and criminal history of the applicant has been explained in the instant bail application. 7. He further submitted that applicant is in jail in the present matter since 05.02.2025. 8. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects that applicant was not named in the FIR and when the statement of the informant was recorded after about a week from the date of incident then she disclosed the name of the applicant and even from the statements of the informant and her niece, the alleged eye-witnesses, it reflects that role of causing injury to the deceased has not been assigned to the applicant. 11. Further, however, apart from the present case, applicant is having criminal history of one another case but he was not having any previous criminal history and subsequent to the present incident, he has been made accused in that case and criminal history of the applicant has been explained in the instant bail application. 12. Further, applicant is in jail in the present matter since 05.02.2025. 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- Yogendra Prasad Rai 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 :- 24.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad