Neutral Citation No. - 2025:AHC:81875 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14410 of 2025 Applicant :- Devideen Opposite Party :- State of U.P. Counsel for Applicant :- Pravesh Kumar Tripathi,Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.,Om Prakash Singh,Ram Chandra Solanki Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in the revised call. 2. Heard Sri V.K.Mishra, learned counsel for the applicant and Sri Imran Khan, 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.511 of 2024, under Sections 103(1) and 238 BNS, Police Station Bansgaon, District Gorakhpur during pendency of the trial. 4. Learned counsel for the applicant submits that however applicant is named in the FIR but it is a case of circumstantial evidence but it appears that only on the basis of suspicion applicant has been roped in the present matter along with co- accused Sanjay and Chhotelal and co-accused Sanjay has been released on bail by this Court and his bail order has been annexed at page 62 of the paper book. 5. He next submits that even co-accused Chhotelal has also been released on bail by Coordinate Bench of this Court vide order dated 15.4.2025 passed in Criminal Misc.Bail Application No. 7607 of 2025 and on facts case of applicant is at par with co- accused Sanjay and Chhotelal. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 20.2.2025. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed two co-accused have already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since February, 2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Devideen 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. 12. 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. 13. 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 :- 16.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad