Neutral Citation No. - 2025:AHC:121854 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24553 of 2025 Applicant :- Rohit Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Anil Kumar 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.14 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2)(Kha) B.N.S., Police Station Kurhfatehgarh, District Sambhal, during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation when some accused persons were arrested in connection with some other case then they disclosed the name of the applicant by stating that applicant also involved in the present crime and thereafter, he has been made accused in the present matter. 4. He further submits that except confessional statement of the applicant and statement of the co-accused before the police, there is no cogent and admissible evidence against the applicant on record. 5. He further submits that even co-accused Naresh Kumar, who was also made accused during investigation, has been released on bail by this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.15627 of 2025 and on facts case of applicant is on better footing than him. 6. He further submits that the applicant has criminal history of four cases, which has been explained in the affidavit filed in support of the bail application. 7. He further submits that applicant is in jail in the present matter since 09.06.2025. 8. 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. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicant and other accused persons duped the informant and misappropriated the amount of life insurance policy of her husband but it reflects, applicant was not named in the FIR and during investigation when some of the accused arrested in connection with some other case then they disclosed the name of the applicant and thereafter, he has been made accused in the present matter. It further reflects, except confessional statement of the applicant and statement of the co- accused before the police, there is no cogent and admissible evidence against the applicant on record. 11. Further, co-accused Naresh Kumar, who was also made accused during investigation, has been released on bail by this Court vide order dated 16.05.2025 and on facts case of applicant is on better footing than him. 12. Further, the criminal history of four other cases has been explained in the affidavit filed in support of the instant bail application. 13. Further, applicant is in jail in the present matter since 09.06.2025. 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, Rohit Tyagi, 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 her 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 :- 24.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad