Neutral Citation No. - 2025:AHC:93932 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18880 of 2025 Applicant :- Prabhakar Tiwari @ Sonu Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava,Sumit Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard Sri Ajay Srivastava, learned counsel for the applicant and Sri Dharamraj Pal, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 4 of 2025, under Sections 103(1), 351(2), 3(5), 61(2) BNS, Police Station Rampur Manjha, District Ghazipur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation after about two months when statement of the brother of the deceased namely Mahesh Yadav @ Gabbar Yadav was recorded by the Investigating Officer then he disclosed the name of the applicant and this fact suggests that after two months during investigation on the basis of false allegations, applicant has been made accused in the present matter. 5. He further submitted that even bail application of co-accused Ram Yash Pandey has been allowed by this Court vide order dated 17.5.2025 passed in Crl. Misc. Bail Application No. 16815 of 2025 and his name was surfaced quite before the applicant through the statement of the informant recorded during investigation and therefore, case of applicant is on better footing than him. 6. He further submitted that apart from the present case applicant is also having criminal history of three other cases but all the three cases were of the year 2009 and criminal antecedents of the applicant have been explained in the instant bail application and in all the cases, applicant is on bail. 7. He further submitted that applicant is in jail in the present matter since 12.3.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the perusal of the record, it appears that nobody was named in the FIR but during investigation when after 51 days statement of the brother of the deceased was recorded then he disclosed the name of the applicant. 11. Further, even bail application of co-accused Ram Yash Pandey has been allowed by this Court and it reflects case of applicant is on better footing than him. 12. Further, however, apart from the present case applicant is also having criminal history of three other cases but all the three cases were of the year 2009 and his criminal antecedents have been explained in the instant bail application and in all the cases, applicant is on bail. 13. Further, applicant is in jail in the present matter since 12.3.2025. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Prabhakar Tiwari @ Sonu Tiwari 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. 17. 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. 18. 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