Neutral Citation No. - 2025:AHC:86866 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16678 of 2025 Applicant :- Sugreev Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Harish Kumar Tripathi, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 337 of 2024, under Sections 191(3), 103(1), 3(5), 131 BNS, Police Station Rajghat, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been roped in the present matter alongwith others and there is no allegation that he caused any injury to the deceased and only role of catching hold has been assigned to the applicant. He further submitted that role of catching hold had also been assigned to co-accused Jitendra Nishad and after considering entire facts of the case, co-accused Jitendra Nishad has been released on bail by this Court and his bail order has been annexed as annexure-10 to the affidavit and on facts, case of applicant is at par with him. 4. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 14.10.2024 i.e. for last more than six months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that there is no allegation that applicant also caused any injury to the deceased and similarly placed co-accused Jitendra Nishad has already been released on bail by this Court and applicant is having no criminal history and in the present matter, he is in jail since 14.10.2024 i.e. for last more than six months, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Sugreev Nishad, 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. 10. 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. 11. 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad