Neutral Citation No. - 2025:AHC:39340 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9267 of 2025 Applicant :- Santosh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 349 of 2019 (S.T. No. 60 of 20200, under Sections 302, 307, 504, 506 IPC, Police Station Shivkuti, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false, general and omnibus allegations, applicant has been made accused in the present matter along with co-accused Nanhe @ Nanha @ Rajesh, Deepu @ Saurabh and Deepchandra. 4. He further submits, however, it is a case of triple murder but after considering the entire facts of the case particularly the long incarceration co-accused Nanhe @ Nanha @ Rajesh, Deepu @ Saurabh and Deepchandra have been released on bail by the co- ordinate Bench of this Court and their bail orders have been annexed at pages-255, 258 and 261 of the paper-book and on facts case of applicant is exactly at par with them. 5. He further submits, however, apart from the present case applicant is having previous criminal history of one case of damage to public property Act but his criminal history has been explained in the instant bail application. 6. He further submits, however, on the basis of present case subsequently applicant has also been challaned under the provisions of U.P. Gangsters Act and in the present matter he is in jail since 13.11.2019 i.e. for last almost five and half years. 7. Per contra, learned AGA opposed the prayer for bail and submitted it is triple murder case but could not dispute the fact that co-accused Nanhe @ Nanha @ Rajesh, Deepu @ Saurabh and Deepchandra have already been released on bail by the co-ordinate Bench of this Court and on facts case of applicant is at par with them. 8. Learned AGA further could not dispute the fact that in the present matter applicant is in jail since 13.11.2019 i.e. for last almost five and half years. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant and three others committed the murder of three persons but it reflects, only general allegation has been leveled against all the accused including co- accused Nanhe @ Nanha @ Rajesh, Deepu @ Saurabh and Deepchandra and all the above three co-accused have been released on bail by the co-ordinate Bench of this Court and on facts, case of applicant is at par with them. 11. Further, however, apart from the present case applicant is having previous criminal history one another case but his criminal history has been explained in the instant bail application. 12. Further, in the present matter applicant is in jail since 13.11.2019 i.e. for last almost five and half years and till date trial of the case could not be concluded and from the bail granting order of the co-accused, it reflects, they were also enlarged on bail by the co-ordinate Bench of this Court on the basis of their long incarceration. 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 - Santosh 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 :- 19.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad