Neutral Citation No. - 2025:AHC:94111 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18977 of 2025 Applicant :- Aman Khan Opposite Party :- State of U.P. Counsel for Applicant :- Amar Chandra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amar Chandra, learned counsel for the applicant and Sri Ashutosh Singh, 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.800 of 2024, under Sections 191(2), 191(3), 190, 61(2), 103(1), 49, 54, 352, 351(3) B.N.S., 2023, Police Station Sadar Bazar, District Shahjahanpur, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith several others but even as per prosecution, co- accused Arvind Verma was the principal accused, who caused firearm injury to the deceased. 4. He further submits that after considering the entire facts of the case, co-accused Nishant Mishra has been released on bail by this Court vide order dated 17.04.2025 passed in Criminal Misc. Bail Application No.12416 of 2025 and on facts case of applicant is on better footing than him as he was named in the FIR while applicant was even not named in the FIR. 5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 05.02.2025. 6. 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. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, applicant and others involved in commission of the present crime but it reflects, applicant was not named in the FIR and during investigation, his complicity was revealed. 9. Further, even from the material available on record, it reflects, co-accused Arvind Verma was the principal accused, who caused firearm injury to the deceased. 10. Further, co-accused Nishant Mishra, who was even named in the FIR alongwith others, has been released on bail by this Court vide order dated 17.04.2025 and therefore, it reflects, on facts case of applicant is on better footing than him. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 05.02.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Aman Khan 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. 15. 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. 16. 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 :- 30.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad