Neutral Citation No. - 2025:AHC:78437 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13970 of 2025 Applicant :- Vijendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant and Sri Vijay Kumar, 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. 15 of 2025, under Sections 115(2), 103(1), 3(5) B.N.S., Police Station Mirzapur, District Shahjahanpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with two others but informant of the case was not an eye witness. 4. He further submits, during investigation statements of some eye witnesses were recorded, which have been annexed along with instant bail application and according to them co-accused Bacchu was the person, who caused wooden stick injury to the deceased and they made only allegation of exhortation against the applicant and there is no allegation that applicant also caused any injury to the deceased. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.02.2025. 6. Per contra, learned AGA opposed the prayer for bail and submits, apart from the present case applicant is having criminal history of one another case and he did not explain his criminal history in the instant bail application but he fairly conceded that said case relates to minor offence. Learned AGA could not dispute the other argument 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 is named in the FIR along with two others but from the statements of eye witnesses, it reflects, role of causing head injury to the deceased has been assigned to co-accused Bacchu and only role of exhortation has been assigned to the applicant. 9. Further, it reflects, applicant is having criminal history of one another case and he did not explain his criminal history in the instant bail application but as per learned AGA, that case relates to minor offence. 10. Further, in the present matter applicant is in jail since 18.02.2025. 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 - Vijendra Singh 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 :- 13.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad