Neutral Citation No. - 2025:AHC:118359 Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10325 of 2025 Applicant :- Kaushal Agrahari Alias Kaushal Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A. Connected Alongwith Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15591 of 2025 Applicant :- Krishna Chandra Agrahari Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants-Kaushal Agrahari Alias Kaushal Kishor and Krishna Chandra Agrahari have filed the above separate applications under Section 483 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, during the pendency of trial in Case Crime No. 222 of 2024, under Sections 504, 506, 307, 102B IPC, Police Station Mahuli, District Sant Kabir Nagar. The applicants are in custody since their arrest on 14.08.2024. Learned counsel for the applicants states that he does not press the bail application of the applicant-Krishna Chandra Agrahari and prays for withdrawal. Learned counsel for the applicant submits that the applicant- Kaushal Agrahari Alias Kaushal Kishor was falsely implicated in the case on the basis of the statement made by the injured Chotey Lal, who attributed that the gun shot injuries suffered by him and another injured Dheeraj were caused by the accused Kaushal Agrahari (applicant) and co-accused Krishna Chandra Agrahari. According to the learned counsel, the application seeking bail moved by applicant-Kaushal Agrahari was declined vide order dated 8th November, 2024, but at that stage, the important evidence collected during investigation, i.e. a C.C.T.V. footage capturing the occurrence was not relied upon by the applicant inadvertently. Learned counsel while referring to the said piece of evidence has argued that the alleged firing is attributed only to Krishna Chandra Agrahari, therefore, the case of the applicant would be distinguishable from him and the other co-accused have already been extended the concession of regular bail. Learned counsel has further pointed out that the applicant is in custody for nearly one year, and the trial is not making any headway, as even the injured has not been examined so far. He prays for bail. The prayer is opposed by the learned State Counsel, who has argued that the applicant was present at the place of occurrence and on the basis of the exhortation given by his co-accused-Shiv Prakash Agrahari, the accused resorted to firing resulting in serious injuries to Dheeraj and Chotey Lal. He further submits that there is no change in circumstances to again seek indulgence of this court for bail, as the concession of bail has already been declined to the accused vide order dated 8th November, 2024. He prays that the application be dismissed. Upon hearing the learned counsel for the parties and considering their submissions, this Court finds that no doubt, the bail application of the applicant was dismissed previously on 8th November, 2024, but thereafter, the charges against the accused were framed on 21.1.2025, and no prosecution witness has been examined so far. Therefore, the argument advanced by the learned State Counsel that there is no change in circumstances to reconsider the plea for bail is without any force, as after the dismissal of first application, the applicant continues to be in custody for another eight months. Further, as per prosecution, the CCTV footage collected during investigation reveals that the weapon is held by co-accused-Krishna Chandra Agrahari, who is seen firing, and this ground was not pleaded by the applicant at the stage of pressing the bail in November, 2024. Even otherwise, the case of the applicant would be distinguishable from the co-accused Krishna Chandra Agrahari. Resultantly, without meaning any expression of opinion on the merits of the case, the bail application of applicant-Kaushal Agrahari Alias Kaushal Kishor is allowed, and it is ordered that the applicant–Kaushal Agrahari Alias Kaushal Kishor be released on regular bail in the above case subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court. It is further directed that the accused-applicant-Kaushal Agrahari Alias Kaushal Kishor shall also abide by the terms and conditions of bail, which shall be imposed by the trial court at the time of acceptance of his bail bonds and surety bonds. The application filed by the applicant-Krishna Chandra Agrahari is dismissed as withdrawn. Order Date :- 21.7.2025/Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad