Neutral Citation No. - 2025:AHC:81287 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15786 of 2025 Applicant :- Jitendra Kumar Dwivedi Alias Jeetu Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Prateek Srivastava,Vidhu Bhooshan Shukla Hon'ble Sameer Jain,J. 1. Heard Sri K.K. Tripathi, learned counsel for the applicant, Sri Vidhu Bhoshan Shukla, learned counsel for the informant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 104 of 2025, under Sections 105, 3(5) B.N.S., Police Station Kabrai, District Mahoba during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR but there is no allegation that he caused any injury to the deceased and even from the record it reflects, accidentally fire was made by the co-accused Nand Kishor however from the licensee pistol of the father of applicant. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.04.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that there is no allegation that applicant caused any injury to the deceased and applicant is not having any criminal history and in the present matter he is in jail since 04.04.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Jitendra Kumar Dwivedi @ Jeetu 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. 10. 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. 11. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad