Neutral Citation No. - 2025:AHC:6736 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45619 of 2024 Applicant :- Atar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.K.S. Bais, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 175 of 2024, under Sections 302, 120-B IPC, Police Station- Junawai, District- Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the informant of the case and he lodged the FIR of the present case with regard to murder of his nephew but during investigation, with the aid of Section 120-B IPC, he has been made accused in the present matter. He further submitted that there is no evidence of conspiracy against the applicant. 4. He further submitted that along with applicant, co-accused Mukesh was also made accused and after considering entire facts of the case, co-accused Mukesh has been released on bail by this Court vide order dated 06.01.2025 passed in Criminal Misc. Bail Application No. 40901 of 2024 and on facts, case of applicant is at par with him. 5. He further submitted that however, apart from the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 6. He further submitted that applicant is in jail in the present matter since 25.07.2024. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that applicant is the tau of the deceased and he lodged the FIR of the present case and it appears that during investigation, he has been made accused in the present matter with the aid of Section 120-B IPC but from the record, it reflects that except the bald allegation of conspiracy, there is no cogent evidence against the applicant on record including the evidence of conspiracy. 10. Further, even present case appears to be a case of circumstantial evidence and there is no eye-witness account. 11. Further, however, apart from the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 12. Further, co-accused Mukesh, who was also made accused along with applicant during investigation and who was nephew of the applicant, has already been released on bail. 13. Further, applicant is in jail in the present matter since 25.07.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Atar Singh 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. 17. 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. 18. 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 :- 15.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad