Neutral Citation No. - 2025:AHC:84133 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13275 of 2025 Applicant :- Ayush Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Tiwari,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sangam Lal Kesharwani, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 564 of 2024, under Sections 103, 351(2), 61(2), 190, 191(2), 191(3) BNS, Police Station Sector-63, Noida, District Gautam Buddh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation name of applicant has been disclosed. 4. He further submitted that in the present matter even before death of the deceased, his statement was recorded by the Investigating Officer which has been annexed at page 52 of the paper book and from its perusal it reflects that however, initially he assigned general role to all the accused including applicant but subsequently, he stated that applicant and co-accused Solu tried to stop him to escape from spot and co-accused Arjun and Rohit were having knife and he sustained serious knife injuries and therefore, it reflects even deceased did not categorically state that applicant caused any injury to him and it appears, role of causing knife injury has been specifically attributed by him to co-accused Arjun and Rohit. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 13.12.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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, applicant was not named in the FIR and from the statement of the deceased recorded by the Investigating Officer before his death and statements of other witnesses, it reflects that they disclosed the name of applicant but from the statements of eye witnesses, it could not be reflected that applicant caused any injury to the deceased. 9. Further, from the statement of the deceased recorded during investigation before his death, however, it reflects, initially he stated that applicant alongwith others also made assault upon him but he further states that co-accused Arjun and Ritik were having knife in their hands and according to him they inflicted number of knife injuries to him and according to him co-accused Solu and applicant were trying to stop him to escape from the spot. 10. Further, applicant is having no criminal history and in the present matter, applicant is in jail since December, 2024. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Ayush, 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. 14. 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. 15. 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 :- 20.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad