Neutral Citation No. - 2025:AHC:36443 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35902 of 2024 Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hitesh Pachori, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0409 of 2023 (S.T. No. 272 of 2024), under Sections 302, 201 IPC, Police Station Trans Yamuna, District Agra during pendency of the trial. 3. FIR of the present case was lodged against applicant, co- accused Guddu Jatav and unknown person and according to the FIR on 07.10.2023 at about 9.00 PM in the evening brother of the informant had gone from his house and on 10.10.2023 his dead body was found. It is further mentioned in the FIR, subsequently informant came to know that his brother was last seen along with applicant and co-accused Guddu and their unknown associates and he is having doubt that they have committed his murder. 4. Learned counsel for the applicant submits, on the basis of suspicion applicant has been made accused in the present matter. He further submits, however, as per witnesses Mukesh and Sanjay they witnessed the applicant and co-accused Guddu Jatav along with deceased on 07.10.2023 but their statements were recorded on 24.10.2024 i.e. after more than two weeks, therefore, no reliance can be placed on such last seen evidence. 5. He further submits, except suspicion and above statements of witnesses Mukesh and Sanjay there is no other cogent evidence against the applicant on record. 6. He further submits, applicant is not having any previous criminal history and in the present matter he is in jail since 18.10.2023 i.e. for last more than a year. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the 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 appears, on the basis of suspicion applicant has been nominated in the FIR of the present case. However, as per prosecution during investigation when the statements of witnesses Mukesh and Sanjay were recorded then they stated that they witnessed the applicant along with deceased and co-accused Guddu Jatav on 07.10.2023 but their statements were recorded after two weeks. 10. Further, even above statements do not appear be convincing. Further, except the statements of above noted witnesses and confessional statement of the applicant, there is no other evidence against the applicant on record. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 18.10.2023 i.e. for last more than a year. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Shivam 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. 15. 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. 16. 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 :- 12.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad