Neutral Citation No. - 2025:AHC:55766 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44861 of 2024 Applicant :- Anmol Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Nirbhay Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 507 of 2020, under Sections 302, 120 B/34 IPC, Police Station Kasganj, District Kasganj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the murder of the son of the informant and during investigation applicant has been made accused in the present matter alongwith several others including co-accused Arvind and Kishan and as per witnesses, they were last seen near the body of the deceased and after considering entire facts of the case, co-accused Arvind and Kishan have already been released on bail by the co-ordinate Benches of this Court and their bail orders have been annexed as annexure-7 to the instant bail application. 5. He further submitted that on facts, case of applicant is almost at par with above co-accused except the fact that as per prosecution on the pointing out of the applicant mobile phone of the deceased was also recovered. 6. He further submitted that merely on the basis of above recovery, at this stage, it cannot be said that applicant involved in the present crime. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 21.8.2020 i.e for last more than four and half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. It is a case of circumstantial evidence and it appears during investigation, applicant has been made accused in the present matter alongwith co-accused Arvind and Kishan and as per allegation, they were last seen near the body of the deceased and co-accused Arvind and Kishan have already been released on bail by the co-ordinate benches of this Court. 11. Further, however, except the above evidence of last seen, as per allegation when applicant was arrested then on his pointing out, mobile phone of the deceased was recovered but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above recovery, at this stage, it cannot be said that applicant committed the present crime. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 21.8.2020 i.e for last more than four and half years. 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-Anmol, 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 :- 16.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad