Neutral Citation No. - 2025:AHC:71703 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12048 of 2025 Applicant :- Radheyshyam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A.,Vishveshwar Mani Tripathi Hon'ble Sameer Jain,J. 1. Heard Sri Atharva Dixit, learned counsel for the applicant, Sri Vishveshwar Mani Tripathi, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 414 of 2023, under Sections 147, 148, 149, 34, 323, 427, 352, 452, 504, 307, 302 IPC & Section 7 Criminal Law Amendment Act, Police Station- Rudrapur, District- Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is not named in the FIR and from perusal of the FIR, it reflects, in the FIR there are 27 named and 50 unknown accused persons, therefore, it reflects, FIR is based on general and omnibus allegations. 4. He further submitted that however, it is a case, in which five persons died but after considering entire facts of the case in detail, co-accused Paramhans Yadav has been released on bail by this Court and case of applicant is at par with him. He further submitted that even apart from co-accused Paramhans Yadav, number of other accused have also been released on bail and this fact is evident from the bail order of co-accused Paramhans Yadav. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 03.10.2023 i.e. for last more than one and half years. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it is a case in which five persons died but it reflects, applicant was not named in the FIR and during investigation, he has been made accused. 9. Record also suggests that after considering entire facts of the case in detail number of co-accused persons have been released on bail including co-accused Paramhans Yadav and case of applicant is at par with them. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 03.10.2023 i.e. for last more than one and half years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Radheyshyam Yadav 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. 14. 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. 15. 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad