Neutral Citation No. - 2025:AHC:91514 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17907 of 2025 Applicant :- Chandan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sundeep Shukla,Vinit Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Vinit Kumar Sharma, learned counsel for the applicant and Shri Vijay Bahadur Maurya, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.212 of 2024, under Sections 309(6), 105, 127(2), 317(2) B.N.S. and Sections 3/25 Arms Act, 1959, Police Station Ahraura, District Mirzapur, during pendency of the trial in the court below. 3. Learned counsel for applicant submits that applicant was not named in the FIR and during investigation informant disclosed his name on the basis of suspicion by stating that he was the friend of one co-accused Priyanshu Singh and thereafter when as per allegation, applicant and named co-accused Priyanshu Singh were arrested then they confessed their guilt and from the possession of the applicant, one locket and a ring part of the looted items were recovered but entire allegation levelled against applicant is totally false. 4. He further submits that even from the entire material available on record, it reflects, co-accused Priyanshu Singh was the principal accused. 5. He further submits that admittedly co-accused Priyanshu Singh was the person, who solely after entering in the house of the informant by causing injury to his wife, committed the robbery and admittedly applicant did not participate in the alleged loot and therefore at the worst, he can be prosecuted for offence under Section 317(2) B.N.S. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 16.11.2024 i.e. for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, as per allegation, friend of the applicant by causing injuries, caused the death of the wife of the informant and committed the loot and applicant also involved alongwith him and from his possession also some looted articles were recovered but considering the facts of the case, it reflects, co- accused Priyanshu Singh, who was named in the FIR, was the principal accused and even as per prosecution, applicant did not participate in the alleged incident of robbery and causing injuries to the deceased. Considering these facts, the argument advanced by learned counsel for the applicant that at the worst applicant can only be prosecuted for offence under Section 317(2) B.N.S., cannot be ruled out at this stage. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 16.11.2024 i.e. for last more than six months. 11. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Chandan 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 :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad