Neutral Citation No. - 2025:AHC:50934 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11405 of 2025 Applicant :- Ramganesh Opposite Party :- State of U.P. Counsel for Applicant :- Kanhaiya Lal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kanhaiya Lal Tiwari, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 157 of 2024, under Sections 49, 191(2), 103 (1), 115(2), 352 BNS, Police Station Paikoliya, District Basti, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations applicant has been made accused in the present matter alongwith others including co-accused Rajindar and after considering entire facts of the case, co-accused Rajindar has been released on bail by this Court vide order dated 2.4.2025 passed in Crl. Mis. Bail Application No. 9916 of 2025 and on facts, case of applicant is at par with him. 4. He further submitted that even role of causing head injury to the deceased has been specifically assigned to the co-accused Vinod. 5. He further submitted that applicant is having no criminal history and in the present matter, he is in jail since 9.1.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Rajindar has already been released on bail by this Court and it appears role of causing head injury to the deceased has been assigned to the co- accused Vinod and applicant is having no criminal history and in the present matter, he is in jail since 9.1.2025, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Ramganesh, 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. 11. 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. 12. 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 :- 8.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad