Neutral Citation No. - 2025:AHC:86400 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16645 of 2025 Applicant :- Nandlal Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Shashi Bhushan Kunwar, learned counsel for the applicants and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail in Case Crime No.36 of 2025, under Sections 103(1), 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 333, 3(5), 61(2) BNS, Police Station Sikanderpur, District Ballia during pendency of the trial. 3. Learned counsel for the applicants submits that however, it is a case of double murder and as per allegation six persons also sustained injuries in the alleged incident but applicants were not named in the FIR and during investigation they have been made accused in the present matter. He next submits that there is no allegation that applicants either caused any injury to any of the deceased or to any of the injured and only role of exhortation has been assigned to them. 4. He further submits that even co-accused Lalsa Devi was also made in the present matter along with applicants during investigation with similar allegation and she has been released on bail by this Court vide order dated 9.5.2025 passed in Criminal Misc.Bail Application No. 14746 of 2025 and however, she was lady but as far as facts of the case are concerned the case of applicants is exactly at par with her. 5. He further submits that applicants are not having any previous criminal history and in the present matter they are in jail since 10.2.2025. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicants. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it is a case in which two persons lost their lives and six persons sustained injuries but applicants were not named in the FIR and during investigation their complicity was revealed but even as per prosecution applicants did not cause any injury either to any of the deceased or to any of the injured and it reflects that only role of exhortation has been attributed to them. 9. Record further suggests that during investigation along with the applicants co-accused Lalsa Devi has also been made accused but she has already been released on bail by this Court and on facts, case of applicants is at par with her. 10. Further, applicants are not having any previous criminal history and in the present matter they are in jail since 10.2.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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-Nandlal Yadav and Piyush Yadav 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants 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 applicants. 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 :- 22.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad