Neutral Citation No. - 2025:AHC:119460 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14143 of 2025 Applicant :- Kalash Dixit @ Kd Pandit @ Kuldeep Dixit Opposite Party :- State of U.P. Counsel for Applicant :- Nikhil Kumar,Vagish Yadav Counsel for Opposite Party :- G.A.,Gagan Pratap Singh Hon'ble Ashutosh Srivastava,J. 1. Counter affidavit filed today by learned AGA on behalf of the State is taken on record. 2. Heard Sri Nikhil Kumar, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned AGA for the State Respondent. 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.01 of 2025, under Sections 191(2), 191(3), 190, 103(1) and 61(2)A of BNS and Section 7 Criminal Law Amendment Act, Police Station Sikandara District Agra during pendency of the trial. 4. Learned counsel for the applicant submits that the applicant is named in the FIR along with as many as seven others and as per allegation the applicant and others by causing fire arm injuries committed the murder of the deceased but admittedly neither informant nor any one could see the real incident and it appears that without any evidence merely on the basis of suspicion and previous enmity applicant and others have been roped in the present matter. It is further submitted that on the similar footing the co-accused Vivek Solanki and Samarth Agarwal have been granted bail by the Court vide order dated 30.05.2025 and 16.07.2025 passed in Criminal Misc. Bail Application No. 14859 of 2025 and Criminal Misc. Bail Application No. 15463 of 2025 respectively, therefore, the applicant is also entitled to be released on bail. 5. He further submits that even from the perusal of the post- mortem report it reflects that deceased sustained only single fire arm injury and, therefore, prima-facie it appears to be a case of over implication. 6. He further submits that there is no evidence which can suggest that due to alleged fire opened by applicant the deceased died. 7. He further submits that apart from the present case applicant is having criminal history of six other cases and the criminal history has been explained in the affidavit filed in support of the instant bail application. 8. He further submits that in the present matter applicant is in jail since 06.01.2025. 9. Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR along with several others and as per allegation he along with others committed the murder of the deceased by causing fire arm injuries to him but it reflects that neither informant nor any one could see the real incident and considering entire facts and material available on record, the argument advanced by the learned counsel for the applicant that without any evidence applicant has been made accused in the present matter, cannot be ruled out at this stage. 12. Further, however, as per prosecution number of accused persons by opening fire committed the murder of the deceased but post-mortem report suggests that he sustained only single injury and considering this fact, the argument advanced by the learned counsel for the applicant that prima-facie it appears to be a case of over implication can also not be ruled out at this stage. 13. Further, however, apart from the present case applicant is having criminal history of six other cases and the entire criminal history has been explained in the instant bail application. 14. Further, in the present matter applicant is in jail in since 06.01.2025. 15. Therefore, considering the facts and circumstances of the case, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant, Kalash Dixit @ Kd Pandit @ Kuldeep Dixit, 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. 18. 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. 19. 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 :- 22.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad