Neutral Citation No. - 2025:AHC:25720 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46515 of 2024 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Mohd Nasir Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Irshad Ahmad, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.202 of 2018, under Sections 302, 201, 34 IPC, Police Station Rohta, District Meerut, during pendency of the trial. 4. Learned counsel for the applicant submits that nobody was named in the FIR and during investigation applicant has been made accused in the present matter along with co-accused Ankit on the basis of last seen evidence and except the evidence of last seen, there is no cogent evidence against him on record. 5. He further submits that co-accused Ankit has already been released on bail by this Court and his bail order has been annexed at page 21 of the paper book and on facts case of applicant is at par with him. He next submits that however apart from the present case, applicant is having criminal history of 7 other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 6. He further submits that in the present matter, applicant is in jail since 16.03.2019 i.e. for last almost 6 years and till date not even a single prosecution witness could be examined. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that it is a case of circumstantial evidence and except the evidence of last seen there is no evidence against the applicant. He further could not dispute the fact that similarly placed co-accused Ankit has already been released on bail and in the present matter, applicant is in jail for last more than 6 years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it appears during investigation, applicant has been made accused in the present matter along with co-accused Ankit on the basis of last seen evidence and it appears except the evidence of last seen, there is no other evidence against him on record. Further, co-accused Ankit has already been released on bail by co-ordinate Bench of this Court. 10. Further, however, applicant is having criminal history of 7 other cases but his criminal history has been explained in the supplementary affidavit in support of the instant bail application. Further, in the present matter, applicant is in jail since 16.03.2019 i.e. for last almost 6 years and it appears till date not even a single prosecution witness could be examined, therefor, there is no chance of early disposal of the trial. 11. Further, law is settled if otherwise case of bail is made then merely on the basis of criminal antecedents ordinarily bail of an accused should not be withheld. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Rahul 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. 15. 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. 16. 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 :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad