Neutral Citation No. - 2025:AHC:75176 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1359 of 2025 Applicant :- Avneesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.,Mithilesh Kumar Tiwari Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Ajay Kumar and Sri Mukesh Kumar Pandey, learned counsels for the applicant, Sri Mithilesh Kumar Tiwari, learned counsel for the informant and Sri Dharm Raj 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. 218 of 2024, under Sections 103(1), 3(5) BNS, Police Station- Sirhpura, District- Kasganj, during pendency of the trial in the court below. 4. Learned counsels for the applicant submitted that however, applicant is named in the FIR along with co-accused Adesh but from the FIR, it reflects, on the basis of information given by deceased that he was along with applicant and co-accused Adesh, he has been made accused in the present matter. 5. They further submitted that from the record, it reflects, when the deceased was in injured condition then in presence of a police officer, he stated that co-accused Adesh made assault upon him. It is next argued that it also reflects from the record that one Durgesh also prepared video in this regard but from the statement of Durgesh, it reflects, deceased could not disclose the name of the applicant and he disclosed the name of only co-accused Adesh. They further submitted that it appears, only being associate of co- accused Adesh, applicant has been roped in the present matter. 6. They further submitted that however as per prosecution, when applicant was arrested then on his pointing out one iron rod was recovered but the alleged recovery was false and planted one. They further submitted that even above recovery has been made from a place, which was accessible to all. 7. They further submitted that applicant is not having any criminal history and he is in jail in the present matter since 17.09.2024 i.e. for last more than six months. 8. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument 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. However, applicant is named in the FIR but it reflects, on the basis of information given by deceased that he was along with applicant and co-accused Adesh, he has been made accused in the present matter. 11. Record also suggests that when deceased was in injured condition and was taken to the hospital then he informed to the police officer and one Durgesh that co-accused Adesh along with his one associate made assault upon him but it appears, he could not disclose the name of the applicant. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 17.09.2024 i.e. for last more than six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Avneesh Kumar 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. 16. 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. 17. 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad