Neutral Citation No. - 2025:AHC:69387 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14492 of 2025 Applicant :- Priyanshu Alias Love Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey,Saurabh Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anurag Dubey, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 726 of 2024, under Sections 103(1), 109(1), 351(3), 352 B.N.S., Police Station Kotwali, District Mainpuri during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR and according to the allegation made in the FIR he along with others committed the murder of the deceased and in the incident two persons also sustained injuries but even from the FIR it reflects, fire opened by co-accused Sishupal hit the deceased and from the post mortem, it reflects, deceased sustained single fire arm injury. 4. He further submits, from the entire material it could not be reflected that due to the fire opened by the applicant deceased sustained any injury. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is named in the FIR but role of causing firearm injury to the deceased has not been assigned to him and as per witnesses fire opened by co-accused Sishupal hit the deceased and from the post mortem it reflects, deceased sustained single fire arm injury. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.11.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, 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 - Priyanshu @ Love 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 :- 1.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad