Neutral Citation No. - 2025:AHC:17887 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47543 of 2024 Applicant :- Atul Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Dhirpal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dhirpal Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 260 of 2024, under Sections 302, 201, 34 IPC, Police Station Sector 113, District Gautam Buddha Nagar during pendency of the trial. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown persons after recovery of body of unknown person and during investigation it was found that dead body was of one Pappu and during investigation it also revealed that actually wife of the deceased (Pappu) namely Manisha was having illicit relationship with one Pankaj and she committed his murder along with her paramour and thereafter she was made accused in the present matter and when her statement was recorded then she disclosed the name of applicant by stating that applicant is brother of her paramour and she along with applicant and her paramour committed the murder of her husband. 4. He further submits, except the statement of co-accused Manisha, the wife of deceased, there is no other evidence against the applicant on record. 5. He further submits, it appears, only being brother of Pankaj, the person who was having illicit relationship with Manisha, the wife of the deceased, applicant has been made accused in the present matter. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.08.2024 i.e. for last more than six months. 7. Per contra, learned AGA 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. It is a case of circumstantial evidence and it reflects that during investigation applicant has been made accused in the present matter through the statement of co-accused Manisha, the wife of the deceased and it reflects, except the statement co-accused there is no other evidence against the applicant on record. 10. Further, considering the fact that applicant is brother of co- accused Pankaj, the paramour of co-accused Manisha (wife of deceased), the argument advanced by learned counsel for the applicant with regard to his false implication, cannot be ruled out at this stage. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.08.2024 for last more than six months. 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 - Atul Saxena 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 :- 7.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad