Neutral Citation No. - 2025:AHC:88592 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12737 of 2025 Applicant :- Subodh Kumar Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Upadhyay,Vikram Yadav Counsel for Opposite Party :- G.A.,Mahabir Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Vikram Yadav, learned counsel for the applicant, Sri Mahabir Yadav, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 438 of 2021, under Sections 364, 302, 201, 120-B, 380, 404 IPC, Police Station- Cantt, District- Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, this is the second bail application filed on behalf of applicant and his first bail application was dismissed by Hon'ble Mayank Kumar Jain, J. but as His Lordship has already demitted his office, therefore, the instant second bail application is listed before this Bench as this Bench is dealing with such matters. 4. He further submitted that he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, co-accused Brijesh Yadav has been enlarged on bail pursuant to the order passed by The Apex Court and after considering this fact, co-accused Nigmendra Singh Sisodia and Ramesh Yadav have also been released on bail by this Court vide order dated 19.03.2025 and their bail orders have been annexed at page no. 248 of the paper book and on facts, case of applicant is at par with them. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.09.2021 i.e. for last more than three and half years. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute the fact that co-accused Brijesh Yadav has been enlarged on bail pursuant to the order passed by The Apex Court and thereafter co-accused Nigmendra Singh Sisodia and Ramesh Yadav have also been released on bail by this Court and on facts, case of applicant is at par with them. They further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last more than three and half years. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of applicant and his first bail application was dismissed by Hon'ble Mayank Kumar Jain, J. but as His Lordship has already demitted his office, therefore, the instant second bail application is listed before this Bench as this Bench is dealing with such matters. 9. Record also suggests that after rejection of the first bail application of the applicant, co-accused Brijesh Yadav has been enlarged on bail pursuant to the order passed by The Apex Court and thereafter co-accused Nigmendra Singh Sisodia and Ramesh Yadav have also been released on bail by this Court and on facts, case of applicant is at par with them. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 05.09.2021 i.e. for last more than three 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- Subodh Kumar Dwivedi 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 :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad