Neutral Citation No. - 2025:AHC:27020 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2493 of 2025 Applicant :- Lalit Patel Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Prasad Singh,Pradeep Kumar,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Pradeep Kumar, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 178 of 2024, under Sections 103(1), 61(2)A BNS, Police Station Chopan, District Sonbhadra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person and during investigation when three co-accused were arrested then they disclosed the name of the applicant by stating that he hired them to commit the murder of the deceased. 4. He further submitted that apart from the statements of the co- accused and confessional statement of the applicant as per prosecution, location of the mobile phone of the applicant and other accused persons were found near the house of the deceased and except the above evidences, there is no other evidence against the applicant on record. 5. He further submitted that on the basis of above evidences, at this stage, it cannot be said that applicant involved in the commission of the present crime. 6. He further submitted that applicant was not having previous criminal history but subsequently, on the basis of present case, he has also been made accused under the provisions of U.P. Gangsters Act. 7. He further submitted that in the present matter, applicant is in jail since 15.9.2024 i.e. for last more than five months. 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 during investigation, applicant has been made accused in the present matter on the basis of statement of co-accused persons with the aid of section 61(2) (A) BNS. 11. Further, however as per prosecution, locations of mobile phones of the applicant and other accused persons were also found near the house of the deceased but this Court finds merit in the arguments advanced by learned Senior Counsel appearing on behalf of the applicant that merely on the basis of above evidences, at this stage, it is hard to believe that applicant involved in the present matter specially considering the fact that there is no cogent evidence of conspiracy against him. 12. Further, applicant was not having any previous criminal history and it appears, on the basis of present case, he has been made accused under the provisions of U.P. Gangsters Act. 13. Further, in the present matter, applicant is in jail since 15.9.2024 i.e. for last more than five months. 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-Lalit Patel, 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 :- 27.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad