Neutral Citation No. - 2025:AHC:85080 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13390 of 2025 Applicant :- Indresh Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi,Sabhajeet Singh Counsel for Opposite Party :- G.A.,R.K. Singh. Rajput Hon'ble Sameer Jain,J. 1. Heard Sri Piyush Tripathi, learned counsel for the applicant, Sri Akhilesh Mishra, learned Advocate holding brief of Sri R.K. Singh Rajput, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 109 of 2024, under Sections 49, 191(2), 191(3), 115(2), 352, 103(1) B.N.S, Police Station Paikoliya, District Basti during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with as many as ten others. 4. He further submits, even from the record, it reflects, role of causing injury to the deceased has been assigned to co-accused Kaushlesh and Phoolchand and after considering this fact co- accused Vidyawati has been released on bail. 5. He further submits, however co-accused Vidyawati was lady but on this ground she was not enlarged on bail and after considering the merit of the case she was enlarged on bail and on facts case of applicant is at par with her. He further submits, bail granting order of co-accused Vidyawati has been annexed at page-96 of the paper-book. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 21.10.2024 i.e. for last more than six months. 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 applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the assault made by applicant and others one person died but from the record it reflects, role of causing injury to the deceased has been assigned to co-accused Kaushlesh and Phoolchand. 10. Further, co-accused Vidyawati has been released on bail and however she was lady but on this ground she was not enlarged on bail and after considering the merit of the case she was enlarged on bail and on facts, case of applicant is at par with her. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 21.10.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Indresh 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. 15. 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. 16. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad