Neutral Citation No. - 2025:AHC:73907 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12332 of 2025 Applicant :- Raja Alias Raju Alias Kaala Alias Kale Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vipul Kumar Singh, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 195 of 2018, under Sections 147, 148, 149, 336, 302, 34, 120B IPC, Police Station Dadari, District Gautam Budh Nagar during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation when the statements of two independent witnesses were recorded after four days then they disclosed the name of applicant and number of other accused persons and according to them two sides were opening fire upon each other and due to the fire opened by them deceased died. 4. He further submits, there is no specific allegation against the applicant and after considering the entire facts of the case, all the other co-accused persons have been released on bail by this Court and their bail orders have been annexed along with instant bail application and on facts, case of applicant is at par with them. 5. He further submits, applicant is not having any previous criminal history and in the present matter he is in jail since 25.07.2018 i.e. for last more than six and half years. 6. Per contra, learned AGA 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. Applicant was not named in the FIR and during investigation through the statements of two independent witnesses he has been made accused in the present matter along with others and from perusal statements of independent witnesses, which have been annexed along with instant bail application, it reflects, according to them two sides were opening fire upon each other and due to the fire opened by them deceased died. 9. Further, record also suggests that number of other co-accused persons have already been released on bail and their bail orders have been annexed along with instant bail application and on facts, case of applicant is at par with them. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 25.07.2018 i.e. for last more than six 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 - Raja @ Raju @ Kaala @ Kale 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 :- 7.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad