Neutral Citation No. - 2025:AHC:94018 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18852 of 2025 Applicant :- Vijay Kumar Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Gupta,Ashutosh Kumar Nishad,Prabhat Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashutosh Kumar Nishad, learned counsel for the applicant and Dr. S. B. Maurya, 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. 423 of 2024, under Sections 103(1) & 3(5) BNS, Police Station Rudrapur, District Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and nobody was named in the FIR but during investigation when the informant raised suspicion against applicant and others then he has been made accused in the present matter. 4. He further submitted that however, as per statement of the sister of the deceased, deceased informed her that he will attend the party of one Firoz alongwith applicant and co-accused Vivek Kumar but there is no evidence that deceased was in the company of applicant and co-accused Vivek Kumar. 5. He further submitted that after considering entire facts of the case, co-accused Vivek Kumar has been released on bail by this Court and his bail order has been annexed at page 112 of paper book and on facts, case of applicant is at par with him. 6. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 21.9.2024 i.e. for last more than 8 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 the parties and perused the record of the case. 9. Considering arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Vivek Kumar has already been released on bail by this Court with a reasoned and detailed order and applicant is having no criminal history and in the present matter, he is in jail since 21.9.2024 i.e. for last more than 8 months, 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- Vijay Kumar Gautam, 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 :- 30.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad