Neutral Citation No. - 2025:AHC:89686 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17787 of 2025 Applicant :- Kishan Sonkar Alias Shivam Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Chowdhury, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.532 of 2024, under Sections 3(5), 103(1), 61(2) B.N.S., Police Station Bhelupur, District Varanasi, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant was named in the FIR but entire allegation levelled against applicant is totally false. 4. He further submits that even from the record, it reflects, co- accused Vishal Sonkar was the principal accused, who committed the murder of the deceased by causing firearm injury to him. 5. He further submits that after considering the entire facts of the case, co-accused Satish Sonkar, who was also named in the FIR, has been released on bail by this Court vide order dated 17.05.2025 passed in Criminal Misc. Bail Application No.15827 of 2025 and on facts case of applicant is at par with him. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 26.03.2025. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that even from the record, it reflects, co-accused Vishal Sonkar was the principal accused, who committed the murder of the deceased by causing firearm injury to him and similarly placed co-accused Satish Sonkar has already been released on bail by this Court vide order dated 17.05.2025 and applicant is having no criminal history and he is in jail in the present matter since 26.03.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Kishan Sonkar Alias Shivam Sonkar 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. 12. 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. 13. 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad