Neutral Citation No. - 2025:AHC:19130 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46446 of 2024 Applicant :- Anil Alias Ghamandi Lal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Diwakar Shukla, learned counsel for the applicants and Sri Manoj Kumar Singh, learned Brief Holder for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 73 of 2024, under Sections 103(1) BNS, Police Station Jafarganj, District Fatehpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged against the applicants and co-accused Rohit and according to the FIR on 2.7.2024 at about 10 pm in the night, applicants alongwith co-accused committed the murder of the son of the informant after taking him in the field of one Shahbuddin. 4. Learned counsel for the applicants submitted that it is a case of circumstantial evidence and except suspicion and confessional statement of the applicants before police, there is no other evidence against the applicants on record. 5. He further submitted that applicants are having no criminal history and they are in jail in the present matter since 6.7.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicants have been named in the FIR alongwith co- accused Rohit but from the statement of the informant recorded during investigation which has been annexed at page 60 of the paper book, it reflects that on the basis of suspicion he made them accused. 9. From the record, it also reflects that except suspicion, there is no other evidence against the applicants on record. 10. Further, applicants are having no criminal history and they are in jail in the present matter since 6.7.2024 i.e. for last more than six months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicants are entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicants-Anil Alias Ghamandi Lal and Manoj Kumar @ Monu, 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 them 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. 14. 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. 15. 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 :- 10.2.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad