Neutral Citation No. - 2025:AHC:86712 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16647 of 2025 Applicant :- Mahesh @ Mahesh Chand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradyuman Vashishth,Prateek Rai,Vinayak Pandey Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Sameer Jain,J. 1. 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 Shatruhan Yadav, learned AGA for the State. 2. The instant bail 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) B.N.S. and Section 5/25/27 Arms Act, Police Station Barsana, District Mathura during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with as many as 13 others, therefore, prima facie it appears to be a case of over implication. 4. He further submits, however, it is a case in which three persons sustained injuries and one person died but injuries sustained by the injured persons were simple in nature. 5. He further submits, even from the record it reflects, as per prosecution, co-accused Bheemeraj by causing injury to the deceased through his vehicle committed his murder and from the record it could not be reflected that due to the assault made by the applicant deceased died. 6. He further submits, however there is a CCTV footage on record but from the CCTV footage it only reflects, applicant was present at spot and was having gun in his hand. He further submits, admittedly deceased did not sustain any firearm injury. 7. He further submits, after considering the entire facts of the case, co-accused Bhikki, Phool Singh and Rajpal have been released on bail by this Court vide orders dated 07.05.2025 and 17.05.2025 passed in Criminal Misc. Bail Application Nos. 7116 of 2025, 15847 of 2025 and 15906 of 2025 and on facts case of applicant is at par with them. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024 i.e. for last more than six months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that presence of the applicant has been established at spot through CCTV footage, therefore, it cannot be said that he is innocent but they could not dispute the other argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is named in the FIR along with as many as 13 others therefore argument advanced by learned counsel for the applicant that it appears to be a case of over implication cannot be ruled out at this stage. 12. Further, from the record it reflects, during investigation Investigating Officer found that actually deceased died due to injury caused by co-accused Bheemraj through his vehicle. 13. Further, however, presence of the applicant at the place of incident is reflected through CCTV footage and it also reflects, he was having gun in his hand but deceased did not sustain any gunshot injury. 14. Further, however, it is a case in which three persons also sustained injuries but from their statements it reflects, they attributed only general role to all the accused. Further, injuries sustained by all the injured are simple in nature. 15. Further, co-accused Bhikki, Phool Singh and Rajpal have been released on bail by this Court and on facts case of applicant is at par with them. 16. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024 i.e. for last more than six months. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant - Mahesh @ Mahesh Chand 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. 20. 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. 21. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad