Neutral Citation No. - 2025:AHC:83952 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16121 of 2025 Applicant :- Kamal Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Tiwari, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 800 of 2024, under Sections 191(2), 191(3), 190, 61(2), 103(1), 49, 54, 352, 351(3) B.N.S., Police Station Sadar Bazar, District Shahjahanpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with others but co-accused Arvind Verma by causing firearm injury committed the murder of the deceased. 4. He further submits, after considering the entire facts of the case, co-accused Nishant Mishra has been released on bail by this Court vide order dated 17.04.2025 passed in Criminal Misc. Bail Application No. 12416 of 2025 and on facts, case of applicant is at par with him. 5. He further submits, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present matter he is in jail since 13.12.2024. 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. Considering the argument advanced by learned counsel for the applicant and the fact that role of causing firearm injury to the deceased has been assigned to co-accused Arvind Verma and similarly placed co-accused Nishant Mishra has been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and in the present matter he is in jail since 13.12.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Kamal Kashyap 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. 11. 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. 12. 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 :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad