Neutral Citation No. - 2025:AHC:87522 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14115 of 2025 Applicant :- Nanhe Opposite Party :- State of U.P. Counsel for Applicant :- Bachan Singh,Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Bachan Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.364 of 2024, under Sections 191(2), 191(3), 190, 103(1), 115(2), 352 and 351(2) BNS, Police Station Shahi, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation he has been made accused in the present matter along with others. 4. He next submits that from the record it reflects that as per the injured witnesses and eye witness co-accused Nitin Yadav was the principal accused, who by causing fire arm injuries committed the murder of the deceased. 5. He further submits that after considering entire facts in detail co-accused Aman has already been released on bail by this Court and his bail order has been annexed as Annexure-12 to the affidavit filed in support of the instant bail application and on facts case of applicant is at par with him. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 4.3.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and the fact that co-accused Nitin Yadav appears to be principal accused and similarly placed co-accused Aman has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 4.3.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Nanhe 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. 12. 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. 13. 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 :- 23.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad