Neutral Citation No. - 2025:AHC:89718 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12522 of 2025 Applicant :- Kaushal Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kumar,Deena Nath,Deepak Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri D.N. Joshi, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 91 of 2025, under Sections 191(2), 115(2), 105 BNS, Police Station- Bhelupur, District- Kashi (Commissionerate Varanasi), during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, when the statement of the informant was recorded then he stated that now he verified the facts of the case and applicant along with three others caused the death of the deceased and thus name of the applicant was disclosed through the statement of the informant. 5. He further submitted that the manner in which name of the applicant was surfaced in the present matter creates doubt on the prosecution case and it reflects, on the basis of false allegation without any cogent and admissible evidence, applicant has been made accused in the present matter. He further submitted that it is a case of circumstantial evidence and there is no eye-witness account. 6. He further submitted that it reflects, except the statement of co- accused and confessional statement of the applicant before police, there is no other evidence against the applicant on record. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 17.03.2025. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, nobody was named in the FIR but during investigation, when the statement of the informant was recorded then he disclosed the name of the applicant and three others, therefore, the argument advanced by learned counsel for the applicant with regard to his false implication, cannot be completely ruled out at this stage. 11. Further, it is a case of circumstantial evidence and it reflects, except the statement of co-accused and confessional statement of the applicant before police, there is no cogent and admissible evidence against the applicant on record. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 17.03.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Kaushal Bharti 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. 16. 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. 17. 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 :- 26.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad