Neutral Citation No. - 2025:AHC:86249 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17428 of 2025 Applicant :- Sanjay Arora Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1052 of 2024, under Sections 103(1), 352, 3(5) BNS, Police Station- Highway, District- Mathura, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with others including co- accused Vimal Thakur but there is no allegation that applicant caused injury to the deceased and as per prosecution, co-accused Vimal Thakur by causing head injury committed the murder of the deceased. 4. He further submitted that even from the CCTV footage, it reflects, co-accused Vimal Thakur was the person, who by causing head injury to the deceased committed his murder. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 09.11.2024. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that there is no allegation that applicant caused any injury to the deceased and role of causing injury to the deceased has been specifically assigned to co-accused Vimal Thakur and applicant is not having any criminal history and he is in jail in the present matter since 09.11.2024, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Sanjay Arora 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. 11. 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. 12. 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 :- 21.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad