Neutral Citation No. - 2025:AHC:144945 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28016 of 2025 Applicant :- Krishnand Rai Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar,Sheshadri Trivedi Counsel for Opposite Party :- Deepak Dubey,G.A.,Sanjai Kumar Rai Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Deepak Dubey, learned counsel appearing on behalf of the complainant. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 163 of 2025, under Sections 109, 352, 351(3), 3(5) B.N.S., Police Station Kopaganj, District Mau during the pendency of trial. 3-The prosecution case, in brief, is that the complainant-Abhishek Rai got a first information report lodged on 08.06.2025 against Divyansh @ Ashish Rai and Krishnand Rai for the offence under Sections 109, 352, 351(3) and 3(5) B.N.S. making allegations inter-alia that on 07.06.2025 at at abut 01:45 pm, he along with his father had gone to a Puja. After the Puja, his father along with Ramesh Rai and 15-20 other people of his village were sitting together and suddenly, Divyansh @ Ashish Rai and Krishnand Rai arrived there and on the exhortation of Krishnand Rai, Divyansh @ Ashish Rai, with an intention to kill, has made a fire shot from a country- made pistol upon his father Ramesh Rai and ran away from the place of occurrence. F.I.R. also alleges that the injured Ramesh Rai has received a fatal gun shot injury on his head. 4-It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case. Much emphasis has been given by contending that role of only exhortation has been assigned to the present applicant whereas role of firing upon the injured-Ramesh Rai has been attributed to co- accused Divyansh @ Ashish Rai. So far as criminal history of the applicant is concerned, it is pointed out that applicant has criminal history of one case being Case Crime No. 93 of 2024, under Sections 323, 325, 308, 34, 120-B, 504 and 506 I.P.C., Police Station Kopaganj, District Mau, in which applicant has been granted bail by the Court below vide order dated 28.08.2024, copy whereof has been annexed as Annexure No. 10 to the affidavit. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 09.06.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned Additional Government Advocate for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 6-Having heard the submissions of learned counsel for the parties and perusing the record, I find that there is no allegation of causing fire arm injury against the present applicant, which has been attributed to co-accused Divyansh @ Ashish Rai, as noted above, hence the case of present applicant- Krishnand Rai is distinguishable from that of co- accused Divyansh @ Ashish Rai. 7-Considering the over all facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused- applicant, role attributed to applicant and submissions of the learned counsel for the parties, this Court is of the view that prima facie the applicant has made out a case for bail. 8-Hence, the bail application of applicant is hereby allowed. 9-Let the applicant-Krishnand Rai, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That applicant shall not seek any adjournment before the trial Court. (iii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) That after his release, the applicant shall not involve in any criminal activity. (v) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 10-In case of breach of any of the conditions mentioned above, it will be open for the complainant and injured to move bail cancellation application before the Court concerned. 11-It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. 12-It is made clear that parity/benefit of this bail order shall not be extended to co-accused-Divyansh @ Ashish Rai. Order Date :- 22.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad