Neutral Citation No. - 2025:AHC:29918 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24230 of 2024 Applicant :- Banshiwala Alias Banshilal Opposite Party :- State of U.P. Counsel for Applicant :- Girraj Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Girraj Singh, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 159 of 2019, under Sections 147, 148, 307, 302, 504, 506 IPC, Police Station- Khandauli, District- Agra, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 04.05.2019 against applicant and four others and according to FIR, on the exhortation of applicant, co-accused Hari Chandra, Pappu Koli and Rajo, co- accused Dileep made assault upon the niece of the informant through axe due to which, she sustained injuries and died. 4. Learned counsel for the applicant submitted that however, on the basis of false allegation, applicant has been made accused in the present matter along with others but even only role of exhortation has been assigned to him and specific role of causing injury to the deceased has been assigned to co-accused Dileep. 5. He further submitted that role of exhortation has also been assigned to co-accused Hari Chandra and he has already been released on bail by co-ordinate Bench of this Court vide order dated 23.08.2023 passed in Criminal Misc. Bail Application No. 35631 of 2023 and on facts, case of applicant is at par with him. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 27.05.2024 i.e. for last more than nine months. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that role of causing injury to the deceased has not been assigned to the applicant and similarly placed co- accused Hari Chandra has already been released on bail by co- ordinate Bench of this Court and applicant is not having any criminal history and he is in jail in the present matter since 27.05.2024 i.e. for last more than nine 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- Banshiwala Alias Banshilal 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 :- 3.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad