Neutral Citation No. - 2025:AHC:71734 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12803 of 2025 Applicant :- Keshav Alias Kamal Alias Radhey Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 453 of 2024, under Sections 302, 34, 120-B IPC, Police Station- Kotwali Shahar, District- Bijnor, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR and during investigation, name of the applicant and other accused were disclosed through information furnished by police informer. 4. She further submitted that however, as per prosecution, incident was witnessed by some witnesses but when their first statements were recorded during investigation then they did not disclose the name of the applicant and others and after one month when their second statements were recorded then on the basis of photograph, they identified the applicant and co-accused Aziz by stating that they committed the murder of the deceased. She further submitted that no identification parade of the applicant was conducted, therefore, second statement of the alleged eye-witnesses are not relevant with regard to applicant. 5. She further submitted that after considering entire facts of the case co-accused Aziz has been released on bail by co-ordinate Bench of this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No. 7023 of 2025 and on facts, case of applicant is at par with him 6. She further submitted that however, applicant was not having any previous criminal history but along with the present matter, he has also been made accused in the cases under Section 307 IPC and under the provisions of Gangsters Act. 7. She further submitted that applicant is in jail in the present matter since 25.06.2024 i.e. for last almost a year. 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. From the record, it reflects that during investigation, applicant and others were made accused on the basis of information furnished by police informer and however, when second statement of the alleged eye-witnesses were recorded then through photograph of the applicant and co-accused Aziz they identified them but it reflects, no identification parade was conducted and after considering entire facts of the case co-accused Aziz has been released on bail and on facts case of applicant is at par with him. 11. Further, however applicant is having criminal history of two other cases but he was not having any previous criminal history and it reflects, when he was arrested in the present matter then simultaneously he was made accused in the case under Section 307 IPC and on the basis of present case, subsequently, he was also made accused under the provisions of Gangsters Act and criminal history of both the cases has been explained by him in the supplementary affidavit filed in support of the instant bail application. 12. Further, applicant is in jail in the present matter since 05.06.2024 i.e. for last almost a year. 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- Keshav Alias Kamal Alias Radhey 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad