Neutral Citation No. - 2025:AHC:85082 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13401 of 2025 Applicant :- Avinash Singh Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Praveen Kumar Singh, learned counsel for the applicant 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. 358 of 2024, under Sections 115(2), 103(1), 3(5) B.N.S., Police Station Jalalpur, District Jaunpur during pendency of the trial. 3. FIR of the present case was lodged against applicant and two others on 27.11.2024 at 11.18 hours under Section 105 B.N.S. and according to the FIR on 26.11.2024 at about 9.30 PM in the night son of the informant had gone to take medicine along with one Anand Rajbhar but on the way applicant and other accused persons started making assault upon Anand Rajbhar and thereafter they opened fire upon them and when son of the informant fell down, while he was running, then co-accused Rohit made exhortation and thereafter co-accused Abhishek Singh along with his associate ran over his vehicle upon him and when son of the informant was taken to the hospital then doctor declared him dead. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR but entire allegation leveled against him is totally false and from perusal of the FIR and statement of injured Anand Rajbhar, it reflects, co-accused Abhishek Singh was the person who was driving the vehicle and as per allegation he ran over his vehicle upon the deceased due to which he died. He further submits, only allegation against the applicant is that he was also sitting in the vehicle. 5. He further submits, even post mortem report suggests that entire prosecution case is false and baseless as post mortem shows deceased did not sustain any injury which could be sustained by him due to vehicle and it reflects, actually deceased sustained injury in some other manner but only due to enmity applicant has been made accused in the present matter along with others. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 28.11.2024. 7. Per contra, learned AGA 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 applicant along with others committed the murder of the son of the informant by crushing him through vehicle but from the record it reflects, co-accused Abhishek Singh was the person who was driving the vehicle. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 28.11.2024 i.e. for almost six months. 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 - Avinash 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 :- 20.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad