Neutral Citation No. - 2025:AHC:74265 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12361 of 2025 Applicant :- Aman Kesharwani Opposite Party :- State of U.P. Counsel for Applicant :- Mukhtar Alam,Pushpendra Vishvakarma,Yawar Mukhtar Counsel for Opposite Party :- Dharm Pal Yadav,G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Yawar Mukhtar, learned counsel for the applicant, Shri R. N. Srivastava, learned AGA for the State-respondent and Shri Dharm Pal Yadav, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.407 of 2023, under Sections 323, 504, 506, 304, 308 I.P.C., Police Station Nawabganj, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of general, omnibus and false allegation, applicant has been made accused alongwith three others including co-accused Manju Devi, Subhash Kesharwani and Suraj Kesharwani and after considering the entire facts of the case in detail, all the above three co-accused have been released on bail by Co-ordinate Bench of this Court and their bail orders have been annexed as Annexure Nos.19-21, respectively and on facts, case of applicant is at par with them. 4. He further submits that however, apart from the present case, applicant is having criminal history of two other cases but his entire criminal history has been explained in the instant bail application and both the cases relate to minor offences and he is in jail in the present matter since 20.01.2025. 5. Per contra, learned AGA as well as learned counsel for the informant however 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 both the parties and perused the record of the case. 7. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that it is a case of circumstantial evidence and similarly placed three co-accused Manju Devi, Subhash Kesharwani and Suraj Kesharwani have already been released on bail by Co-ordinate Bench of this Court and criminal history of two cases of the applicant has been explained in the instant bail application and he is in jail in the present matter since 20.01.2025, in my view, applicant is entitled to be released on bail. 8. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Aman Kesharwani, 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. 10. 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. 11. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad