Neutral Citation No. - 2025:AHC:63409 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3707 of 2025 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ramesh Kumar Shukla, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 422 of 2024, under Sections 302, 504, 506, 34 IPC, Police Station- Baraut, District- Baghpat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is brother of the deceased and as per allegation, during dispute applicant caught hold the deceased and thereafter, co-accused Udaiveer, another brother of the deceased, shot him but entire allegations levelled against the applicant are totally false. 4. He further submitted that admittedly, deceased died due to fire- arm, therefore, it is highly improbable that in case of fire-arm injury, another accused would caught hold the deceased. 5. He further submitted that only being brother of co-accused Udaiveer and the fact that informant was having enmity with both the accused persons, applicant has also been made accused in the present matter. 6. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 15.06.2024 i.e. for last more than 10 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 both the parties and perused the record of the case. 9. However, as per allegation, applicant is the brother of the deceased and due to family dispute, he caught hold him and thereafter co-accused Udaiveer, another brothers of the deceased, committed his murder by causing fire-arm injury, therefore, it reflects role of causing fire-arm injury to the deceased has not been assigned to the applicant. 10. Further, considering the fact that deceased died due to fire-arm injury, argument advanced by learned counsel for the applicant with regard to the role attributed to the applicant cannot be completely brushed aside at this stage. 11. Further, applicant is not having any criminal history and in the present matter, he is in jail since 15.06.2024 i.e. for last more than 10 months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Omveer 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. 14. 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. 15. 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 :- 24.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad