Neutral Citation No. - 2025:AHC:78528 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14083 of 2025 Applicant :- Lavkush Kuchbandhiya Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ramesh Prasad, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 169 of 2022, under Sections 304, 394 IPC, Police Station Chilla, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits, present case is of the year 2022 but applicant is not an absconder and as during investigation quite belatedly he has been made accused, therefore, he could not become aware about this fact and when he came to know about this fact then he surrendered before the court concerned and since then he is in jail. 4. He further submits, as far as merit of the case concerned, nobody was named in the FIR but during investigation after nine months when the second statement of informant was recorded then he very casually disclosed the name of applicant and others. 5. He further submits, there is no eye witness account and except suspicion, confessional statement of applicant and statement of co- accused persons, there is no other evidence on record. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.01.2025. 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, present matter is of the year 2022 and applicant is in jail since 07.01.2025 but considering the argument advanced by learned counsel for the applicant it cannot be said that applicant is an absconder. 10. Further, as far as merit of the present case is concerned, the name of applicant was disclosed in the present matter after nine months through the second statement of the informant and from his statement it reflects, on the basis of suspicion he disclosed the name of applicant and others. 11. Further, it reflects, except the statement of co-accused and confessional statement of the applicant there is no cogent evidence against the applicant on record. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.01.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Lavkush Kuchbandhiya 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. 16. 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. 17. 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