Neutral Citation No. - 2025:AHC:72999 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13032 of 2025 Applicant :- Lal Mohan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- Alok Kumar Dubey,G.A.,Tanzeel Ahmad Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Vinay Saran, learned Senior Advocate assisted by Sri Alok Kumar Dubey, learned counsel for the informant and Sri Suresh Bahadur Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 250 of 2024 (S.T. No. 37 of 2025), under Sections 3, 191(3), 131, 103(2), 61(2)a B.N.S., Section 7 Criminal Law Amendment Act and Section 4/25 Arms Act, Police Station Gaurabadshahpur, District Jaunpur during pendency of the trial. 3. Learned Senior Advocate appearing on behalf of the applicant submits, however, applicant is named in the FIR along with five others but role of causing injury to the deceased has not been assigned to him and according to the prosecution on the exhortation of applicant and others co-accused Ramesh committed the murder of the deceased. 4. He further submits, however, as per prosecution when applicant was arrested then on his pointing out one Revolver and one Sword was recovered but admittedly both the weapons did not use in the crime for causing injury to the deceased and even from the recovery memo it reflects, recovery was made from an open place which was accessible to all. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, it is day light murder and deceased was hardly 16 years old boy but they could not dispute the other argument on facts advanced by learned counsel for the applicant including the fact that there is no allegation that applicant caused any injury to the deceased. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is named in the FIR along with others but from the FIR and other material available on record, it reflects, role of causing injury to the deceased has not been assigned to him and as per prosecution on the exhortation of applicant and other accused, co-accused Ramesh caused injury to the deceased due to which he died. 9. Further, however, record suggests, when applicant was arrested then on his pointing out one Revolver and Sword were recovered which applicant was having in his hand at the time of incident but admittedly both these weapon did not use in causing injury to the deceased. 10. Further, even from the FIR it could not be reflected that applicant was having above weapons in his hand and it appears, during investigation when the statements of the witnesses were recorded then they developed this story. Further, from the recovery memo it reflects, the alleged recovery was made from a place which was accessible to all. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024. 12. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be withheld for punitive purpose. 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 - Lal Mohan Yadav 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 :- 6.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad