Neutral Citation No. - 2025:AHC:35686 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2099 of 2025 Applicant :- Suhel Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vinay Kumar Pandey, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0020 of 2024, under Sections 302, 201, 394, 411 IPC, Police Station- Kotwali Dehat, District- Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR and during investigation, after eight months, on the basis of statement of four witnesses, applicant has been made accused in the present matter. He further submitted that even these four witnesses are not the eye-witnesses and they only stated that they witnessed the applicant along with the decreased, therefore, it reflects, on the basis of last seen evidence, applicant has been made accused in the present matter after eight months. 4. He further submitted that except the above evidence of last seen, statement of co-accused and confessional statement of applicant, there is no other cogent evidence against the applicant on record. 5. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case relates to offence of theft. 6. He further submitted that applicant is in jail in the present matter since 16.05.2024 i.e. for last more than nine months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of four other cases but he explained criminal history of only one case but learned AGA fairly conceded that all the remaining cases relate to minor offences. He could not dispute the other 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. It is a case of circumstantial evidence and it reflects, during investigation, applicant has been made accused in the present matter after eight months on the basis of evidence of last seen and admittedly it a case in which, there is no eye-witness account. 10. Record also suggests that except the evidence of last seen, statement of co-accused and confessional statement of applicant, there is no cogent evidence against him on record. 11. Further, however, apart from the present case, it appears, applicant is having criminal history of four other cases and he explained criminal history of only one case but it reflects, all the four cases relate to minor offences. 12. Further, applicant is in jail in the present matter since 16.05.2024 i.e. for last more than nine 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- Suhel 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 :- 11.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad