Neutral Citation No. - 2025:AHC:65796 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12038 of 2025 Applicant :- Hindesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghazala Bano Quadri,Maseeh Uddin Counsel for Opposite Party :- G.A.,Harish Kumar Yadav,Sushil Kumar Hon'ble Sameer Jain,J. 1. The instant matter is being taken up out of turn on the request made by learned counsel for the applicant that father of the applicant has expired. 2. Heard Ms. Ghazala Bano Quadri, learned counsel for the applicant, Sri Anand Vikram, learned Advocate holding brief of Sri Harish Kumar Yadav, learned counsel for the informant and Sri Manav Chaurasiya, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 215 of 2024, under Sections 103(1), 61(2), 351(3) BNS, Police Station- Utraon, District- Prayagraj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against co-accused Sachin and two others and unknown person and it reflects, it is based on information given by driver of the deceased namely Anil Kumar Patel. 5. She further submitted that applicant was not named in the FIR and during investigation, he has been made accused in the present matter through the statement of co-accused Karan Kumar Patel and except the statement of co-accused Karan and confessional statement of applicant, there is no other evidence against the applicant on record. 6. She further submitted that even as per prosecution, role of causing fire arm injury to the deceased has been assigned to co- accused Sachin, who was named in the FIR. 7. She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.10.2024 i.e. for last more than six months. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects that applicant was not named in the FIR and during investigation through the statement of co-accused Karan, he has been made accused in the present matter. 11. Further, record also suggests that even as per prosecution, co- accused Sachin is the principal accused, who caused fire arm injury to the deceased. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 13.10.2024 i.e. for last more than six months. 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- Hindesh Kumar 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad