Neutral Citation No. - 2025:AHC:13863 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41699 of 2024 Applicant :- Kanhaiyalal @ Kanhai Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Arvind Kumar Singh, learned counsel for the applicant and Shri Ashutosh Singh, learned A.G.A. for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.148 of 2024, under Sections 302, 201 I.P.C., Police Station Nawabganj, District Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation, applicant has been made accused in the present matter. 4. He further submits that as per prosecution, applicant confessed his guilt before one namely Rajkumar and during investigation witnesses Seema and her husband Ram Vilas gave evidence of last seen against him but entire allegations made against applicant are totally false and baseless. 5. He further submits that on the basis of above evidences, at this stage, it cannot be said that applicant involved in commission of the alleged crime. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 24.05.2024 i.e. for last more than eight months. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it appears, during investigation applicant has been made accused in the present matter and as per prosecution, he confessed his guilt before one namely Rajkumar and witnesses Seema and her husband Ram Vilas gave evidence of last seen against him but from perusal of the statements of both the witnesses, which have been annexed alongwith the instant bail application, it reflects actually they did not give the evidence of last seen against applicant and they only stated in their statements that they heard that applicant was quarreling with some other person and they identified him through his voice. 10. 10. Further, except the evidence of last seen and alleged exra- judicial confession of the applicant, there is no other evidence against the applicant on record. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 24.05.2024 i.e. for last more than eight months. 12. Therefore, considering the entire 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- Kanhaiyalal @ Kanhai, 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 :- 27.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad