Neutral Citation No. - 2025:AHC:82984 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15847 of 2025 Applicant :- Phool Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Sharma,Pradyuman Vashishth Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Prateek Rai, learned Advocate holding brief of Sri Pradyuman Vashishth, learned counsel for the applicant, Sri Garun Pal Singh, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 306 of 2024, under Sections 191(2), 191(3), 190, 105, 115(2), 352, 351(3) BNS, Police Station- Barsana, District- Mathura, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR but in the FIR as many as 14 accused were named and considering the fact that only general allegation has been assigned to all the accused and no specific weapon has been assigned to them, prima facie, it appears, it is a case of over implication. 5. He further submitted that however, it is a case, in which, one person died and three persons sustained injury but injury sustained by the injured persons appears to be simple in nature. He further submitted that however, injured witnesses disclosed the name of the applicant but they reiterated the version of FIR and made general allegation against all the accused. 6. He further submitted that there is CCTV footage of the incident also on record, which has been annexed at page no. 7 of the supplementary affidavit filed in support of the instant bail application and in the CCTV footage, applicant was not visible and as per CCTV footage, co-accused Indar and Vijendra were having wooden stick and they were making assault upon the deceased and one Mahesh was throwing stones and, therefore, even from the CCTV footage complicity of the applicant could not be revealed. 7. He further submitted that along with applicant, co-accused Bhikki was also made accused, who was also named in the FIR and he has been released of bail by this Court vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No. 7116 of 2025 and on facts, case of applicant is at par with him. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.11.2024. 9. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the fact that co-accused Bhikki has been released of bail by this Court and on facts, case of applicant is at par with him. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Bhikki has been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 07.11.2024, 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- Phool Singh 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 :- 17.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad