Neutral Citation No. - 2025:AHC:78521 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13975 of 2025 Applicant :- Sandeep Alias Bango And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.,Neeraj Singh Hon'ble Sameer Jain,J. 1. Heard Sri Ashwani Kumar Pathak, learned counsel for the applicants, Sri Pradeep Pandey, learned Advocate holding brief of Sri Neeraj Singh, learned counsel for the informant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 31 of 2025, under Sections 191(2), 103(1), 351(2), 351(3), 3(5) B.N.S., Police Station Jhangha, District Gorakhpur during pendency of the trial. 3. Learned counsel for the applicants submitted, however, applicants are named in the FIR along with four others but they have been falsely made accused in the present matter due to previous enmity which has been itself admitted in the FIR. 4. He further submitted, even if the entire allegations are accepted although entire allegations are totally false then also it cannot be said that applicants were having intention to cause the death of the deceased. He further submitted that present case does not travel beyond Section 105 B.N.S. 5. He further submits, even post mortem report of the deceased suggests that deceased sustained only single injury on his head. 6. He further submitted that applicants are not having any criminal history and in the present matter they are in jail since 16.01.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicants and nature of allegation leveled against the applicants and post mortem report of the deceased and the fact that applicants are not having any criminal history and in the present matter they are in jail since 16.01.2025, in my view, applicants are entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicants - Sandeep @ Bango and Sangam @ Golu 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 12. 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 applicants. 13. 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 :- 13.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad