Neutral Citation No. - 2025:AHC:69130 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4741 of 2025 Applicant :- Hazi Aleem Alias Totla Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar,Mohammad Belal Counsel for Opposite Party :- G.A.,Sikandar Khan Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Mohammad Belal, learned counsel for the applicant, Shri Pradeep Kumar, learned A.G.A. for the State-respondent and Shri Sikandar Khan, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.359 of 2024, under Sections 302, 120-B I.P.C., Police Station Kotwali Dehat, District Bulandshahr, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, nobody was named in the FIR but during investigation, applicant has been made accused in the present matter alongwith several others with the aid of Section 120-B I.P.C. 5. He further submits that as per prosecution, applicant was having motive and he hatched conspiracy alongwith co-accused Sharif @ Lalu but except the bald and verbal allegation, there is no cogent evidence against the applicant on record. 6. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 25.07.2024 i.e. for last more than nine months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is the principal accused, who was also having motive to commit the crime and he hatched conspiracy alongwith co-accused and therefore, he should not be released on bail. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. It is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter and as per allegation, he was having motive to commit the crime and he hatched conspiracy alongwith other accused persons but it reflects, except the bald and verbal allegation, there is no admissible and cogent evidence against the applicant on record. 10. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 25.07.2024 i.e. for last more than nine months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Hazi Aleem Alias Totla, 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. 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 applicant. 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 :- 30.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad