Neutral Citation No. - 2025:AHC:19197 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47198 of 2024 Applicant :- Salman Alias Munavvar Alias Khaliya Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 400 of 2016, under Sections 394, 302 IPC, Police Station- Achhnera, District- Agra, 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 with regard to loot and murder and during investigation, through the statements of co-accused Akram and Robin, applicant has been made accused in the present matter and except the statements of co-accused and confessional statement of applicant, there is no other cogent evidence against the applicant on record. He further submitted that co-accused Akram and Robin have been released on bail by this Court and their bail orders have been annexed at page nos. 31 and 33 of the paper book respectively and on facts, case of applicant is even at better footing than them. 4. He further submitted that however, applicant was not having any previous criminal history but when he was arrested in the present matter then he has also been made accused in five other cases and his criminal history has been explained in paragraph no. 11 of the affidavit filed in support of the instant bail application. 5. He further submitted that applicant is in jail in the present matter since 06.06.2017 i.e. for last more than seven and half years and till date, trial of the case could not be concluded. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant and two others committed the murder and loot but it reflects that during investigation, applicant has been made accused in the present matter through the statements of co-accused Akram and Robin and it appears that except the statements of co-accused Akram and Robin and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 9. Further, co-accused Akram and Robin both have already been released on bail by this Court. 10. Further, however, apart from the present case, applicant is having criminal history of five other cases but it also reflects that he was not having any previous criminal history and when he was arrested in the present matter then subsequently he has also been accused in all the five cases. Further, his entire criminal history has been explained in the affidavit filed in support of the instant bail application. 11. Further, applicant is in jail in the present matter since 06.06.2017 i.e. for last more than seven and half years and till date, trial of the case could not be concluded. 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- Salman Alias Munavvar Alias Khaliya 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 :- 10.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad