Neutral Citation No. - 2025:AHC:90123 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14281 of 2025 Applicant :- Akhil Goyal Alias Akhil Patna Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Sri Ashish Chaudhary, Advocate filed his power on behalf of the applicant which is taken on record. 3. Heard Sri Garun Pal Singh, learned counsel for the applicant; Sri Ashish Chaudhary, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 372 of 2024, under Sections 103(1) & 3(5) BNS, Police Station Govind Nagar, District Mathura, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that however, applicant is named in the FIR but admittedly informant of the case was not the eye witness and it appears on the basis of suspicion, he made the applicant accused in the present case. 6. He further submitted that as per prosecution witnesses Amit Kumar and Amit Goswami were the eye witnesses but from their statements, it reflects that role of causing fire arm injuries has not been assigned to the applicant by them and according to them co- accused Sanjay Sharma was the person who by causing fire arm injuries committed the murder of the deceased. 7. He further submitted that from the statement of above two eye witnesses, it reflects that they also disclosed the name of co- accused Subham Agarwal and Akash Gupta and both the co- accused have been released on bail by this Court vide orders dated 21.3.2025 and 5.5.2025 passed in Crl. Misc. Bail Application Nos. 9462 of 2025 & 5066 of 2025, respectively and considering the statements of the eye witnesses, case of applicant is at par with them. 8. He further submitted that however apart from the present case, earlier also applicant was made accused in two other cases in the year 2010 & 2011 but in both the cases, after investigation, final report has been submitted. 9. He further submitted that in the present matter, applicant is in jail since 30.11.2024 i.e. for last six months. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is named in the FIR but it reflects informant of the case was not the eye witness. 13. Further, from the record it reflects that however, witnesses Amit Kumar and Amit Goswami were the eye witnesses but from their statements, it reflects that they did not assign the role of causing fire arm injury to the deceased to the applicant and according to them co-accused Sanjay Sharma caused fire arm injury to him. 14. Further, on the basis of statements of above two eye witnesses, co-accused Shubham Agarwal and Akash Gupta were also made accused in the present matter and both have already been released on bail by this Court and after considering the statements of the eye witnesses Amit Kumar and Amit Goswami, it reflects that case of applicant is also at par with co-accused Shubham Agarwal and Akash Gupta. 15. Further, however, apart from the present case, earlier in the year 2010 & 2011, applicant was also made accused in two other cases but it appears in both the cases, after investigation, final report has been submitted. 16. Further, in the present matter, applicant is in jail since 30.11.2024 i.e for last six months. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Akhil Goyal Alias Akhil Patna, 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. 20. 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. 21. 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 :- 27.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad