Neutral Citation No. - 2025:AHC:90687 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14168 of 2025 Applicant :- Manoj Kumar Chauhan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Rai,Shashi Dhar Goswami Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pradeep Kumar Rai, learned counsel for the applicants and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release them on bail in Case Crime No.532 of 2024, under Sections 103(1), 3(5) and 61(2) BNS, Police Station Bhelupur, District Varanasi during pendency of the trial. 3. Learned counsel for the applicants submits that however, as per allegation applicants along with other accused committed the murder of the deceased but entire allegation levelled against the applicants is totally false. 4. He further submits that even from the record it reflects that co- accused Vicky Jaiswal 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 details co-accused Satish Sonkar has been released on bail by this Court vide order dated 17.5.2025 passed in Criminal Misc.Bail Application No.15827 of 2024 and on facts, case of applicants is at par with him. 6. He further submits that however, apart from the present case applicant no.1 is also having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and that case even relates to minor offence. He next submits that applicant no.2 is not having any previous criminal history. 7. He further submits that in the present matter applicants are in jail since 06.12.2024, i.e., for the last more than five months. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced the learned counsel for the applicants. 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 applicants and the fact that it appears, co-accused Vicky Jaiswal was the principal accused and similarly placed co- accused Satish Sonkar has been released on bail by this Court and criminal history of solitary case of the applicant no.1 has been explained in the instant bail application and in the present matter applicants are in jail since 06.12.2024, in my view, applicants are 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 applicants-Manoj Kumar Chauhan and Kallu @ Akshya Chauhan 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants 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 applicants. 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 :- 27.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad