Neutral Citation No. - 2025:AHC:73708 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12340 of 2025 Applicant :- Radheyshyam Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu Counsel for Opposite Party :- G.A.,Shivajee Singh Sisodiya Hon'ble Sameer Jain,J. 1. Heard Sri Shantanu, learned counsel for the applicant, Sri Ram Surat Patel, learned Advocate holding brief of Sri Shivajee Singh Sisodiya, learned counsel for the informant 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. 86 of 2017, under Sections 302, 323, 504 IPC, Police Station Faridpur, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is named in the FIR along with others and as per allegation he and other accused by causing firearm injury committed the murder of the deceased but entire allegation leveled against the applicant is totally false. 4. He further submits, along with applicant co-accused Rajveer and Sher Pal were also made accused but they have been released on bail by this Court and their bail orders have been annexed as Annexure-10 to the affidavit and as far as role of firing is concerned, the case of applicant is at par with them. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 01.03.2017 i.e. for last more than eight years. 6. Per contra, learned AGA and learned counsel for informant 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. However, as per allegation, applicant and other accused including co-accused Rajveer and Sher Pal by causing firearm injuries committed the murder of the deceased but it reflects, co- accused Rajveer and Sher Pal have been released on bail by this Court and on facts, case of applicant is at par with them. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 01.03.2017 i.e. for last more than eight years. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Radheyshyam 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. 13. 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. 14. 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