Neutral Citation No. - 2025:AHC:84006 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14805 of 2025 Applicant :- Hariom Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Mishra,Vikrant Pratap Singh Counsel for Opposite Party :- G.A.,Prabhat Kumar Pandey Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in the revised call. 2. Heard Sri Vikrant Pratap Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.07 of 2025, under Sections 3(5), 109, 103(1), 115(2), 352 and 351(3) BNS, Police Station Gulriha, District Gorakhpur during pendency of the trial. 4. Learned counsel for the applicant submits that however, it is a case in which one person died and two persons sustained injuries but applicant was not named in the FIR and during investigation he has been roped in the present matter. 5. He further submits that even from the statement of injured witness, it reflects, co-accused Anil Nishad committed the murder of the deceased by causing fire arm injuries. 6. He further submits that co-accused Anil Nishad was even named in the FIR and he has already been released on bail by this Court and his bail order has been annexed at page 45 of the paper book and on facts case of applicant is at better footing than him 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 05.1.2025, i.e. for the last more than four months. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by the learned counsel for the applicant and the fact that there is no allegation that applicant caused any injury to the deceased and co-accused Anil Nishad has already been released on bail by this Court and on facts, case of applicant is at better footing than him and he is not having any previous criminal history and in the present matter he is in jail since January, 2025, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Hariom 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. 13. 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. 14. 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad