Neutral Citation No. - 2025:AHC:75809 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15636 of 2025 Applicant :- Vipin Kumar Opposite Party :- State Of U.P. Through Its Secretary Home U.P At Lucknow Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri B.K. Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 254 of 2024, under Sections 191(2), 190, 103(1), 351(3) B.N.S., Police Station Hasayan, District Hathras during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation when the statement of one eye witness Jasvendra was recorded then he very casually disclosed the name of applicant and other accused and even from his statement, it reflects, co-accused Kuldeep and Vineet were the principal accused. 4. He further submits, however from the FIR it reflects, deceased before his death also prepared video of the incident but there is no such video on record and it reflects, wrong facts have been mentioned in the FIR. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.04.2025. 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. From the record, it reflects, applicant was not named in the FIR and during investigation he has been made accused through the statement of one eye witness Jasvendra but it reflects, witness Jasvendra very casually disclosed the name of applicant and others and even from his statement it reflects, co-accused Kuldeep and Vineet were the principal accused. 9. Further, however, as per FIR before his death deceased also prepared video of the incident but it appears, there is no such video on record. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 8.04.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Vipin Kumar 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. 14. 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. 15. 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 :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad