Neutral Citation No. - 2025:AHC:85075 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13428 of 2025 Applicant :- Suryanath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Damodar Singh,Devendra Vikram Singh Counsel for Opposite Party :- A.Z.Khan,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Devendra Vikram Singh, learned counsel for the applicant, Sri A.Z. Khan, learned counsel for the informant 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. 351 of 2024, under Sections 191(2), 191(3), 190, 238, 103(1), 3(5) B.N.S., Police Station Belipar, District Gorakhpur 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 others including co-accused Shomnath Yadav and after considering the entire facts of the case, co-accused Shomnath Yadav has been released on bail by this Court and his bail order has been annexed at page-116 of the paper-book and on facts case of applicant is at par with him. 4. He further submits, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in that case applicant is on bail. 5. He further submits, in the present matter applicant is in jail since 10.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that co-accused Shomnath Yadav has been released on bail and on facts case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Shomnath Yadav has been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and in the present matter applicant is in jail since 10.10.2024 i.e. for last more than six months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Suryanath Yadav 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. 11. 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. 12. 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 Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad