Neutral Citation No. - 2025:AHC:3212 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44211 of 2024 Applicant :- Udal Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.,Saurabh Mishra Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed in support of the applicants in the Court is taken on record. 2. Heard Sanjay Mishra, learned counsel for the applicants, Dr. S. B. Maurya, learned AGA-I for the State-respondent and Shri Saurabh Mishra, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.34 of 2023, under Section 302, 201 I.P.C., Police Station Chaubiya, District Etawah, during pendency of the trial in the court below. 4. Learned counsel for the applicants submits that on the basis of false allegations, applicants have been made accused in the present matter alongwith two others and it is a case of circumstantial evidence and except the evidence of last seen, there is no other evidence against the applicants on record. 5. He further submits that after considering the entire facts of the case, co-accused Santosh Shakya @ Thakur has been released on bail by this Court vide order dated 31.05.2023 passed in Criminal Misc. Bail Application No.20865 of 2023 and on facts, case of applicants is exactly at par with him. 6. He further submits that applicants are having no criminal history and they are in jail in the present matter since 04.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that initially FIR of the present case was lodged under Section 304 I.P.C. and subsequently present case has been converted under Section 302 I.P.C. but could not dispute the fact that co-accused Santosh Shakya @ Thakur has been released on bail by this Court vide order dated 31.05.2023 and on facts, case of applicants is exactly at par with him. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. Considering the arguments advanced by learned counsel for the applicants and the fact that similarly placed co-accused Santosh Shakya @ Thakur has been released on bail by this Court vide order dated 31.05.2023 and applicants are having no criminal history and they are in jail in the present matter since 04.11.2024, in my view, applicants are entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicants- Udal Singh and Ranveer, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 12. 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 applicants. 13. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad