Neutral Citation No. - 2025:AHC:74000 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12317 of 2025 Applicant :- Shiv Lakhan @ Gori Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 62 of 2019 (S.T. No.63 of 2019), under Sections 304 IPC, Police Station Asother, District Fatehpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant was named in the FIR along with others including co-accused Ram Babu Pasi but during investigation their involvement were found false and no charge-sheet was filed against them and during trial under Section 319 Cr.P.C. applicant and co-accused Ram Babu Pasi were summoned and co-accused Ram Babu Pasi has been released on bail by this Court and his bail order has been annexed at page-115 of the paper book and on facts, case of applicant is at par with him. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.03.2025. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that during investigation involvement of the applicant was found false and he has been summoned along with co-accused Ram Babu Pasi under Section 319 Cr.P.C. and co- accused Ram Babu Pasi has already been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail since 03.03.2025, in my view, applicant is entitled to be released on bail. 8. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Shiv Lakhan @ Gori Pasi 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. 11. 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. 12. 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