Neutral Citation No. - 2025:AHC:2814 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41635 of 2024 Applicant :- Manvendra Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 69 of 2014, under Section 302 IPC, Police Station- Jagner, District- Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant was named in the FIR along with other accused persons, which was lodged on 29.03.2024 but during investigation, his involvement was found false and no charge sheet was filed against him but during trial when statements of the informant and one another witness were recorded then on the basis of their testimony, applicant has been summoned in the present matter under Section 319 Cr.P.C. on 30.09.2022. 4. He further submitted that applicant challenged the order dated 30.09.2022 before this Court vide Criminal Misc. Application U/s 482 Cr.P.C. No. 40740 of 2022 but as in view of this Court against the order dated 30.09.2022, revision was maintainable, therefore, he not pressed his application on 03.01.2023 and thereafter he filed criminal revision before this Court against the order dated 30.09.2022 vide Criminal Revision No. 2495 of 2023, which is still pending. 5. He further submitted that as applicant could not get any interim order in his favour, therefore, he had to surrender before the court concerned on 04.10.2024 and since then he is on bail. 6. He further submitted that it is a case of circumstantial evidence and except the evidence of last seen, there is no evidence against the applicant on record. He further submitted that applicant has been summoned in the present matter after more than eight years under Section 319 Cr.P.C. 7. He further submitted that however, applicant is having criminal history of one another case of Section 308 IPC but in that case, he is on bail and criminal history of the applicant has been explained in the instant bail application. He further submitted that considering the totality of the facts and circumstances of the case, applicant should be released on bail. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for the applicant and the fact that applicant has been summoned in the present matter through application under Section 319 Cr.P.C. after eight years from the incident and present case is a case of circumstantial evidence and only evidence against him appears to be evidence of last seen and criminal history of the applicant has been explained in the instant bail application and he is in jail in the present matter since 04.10.2024, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Manvendra 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. 13. 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. 14. 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 :- 7.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad