Neutral Citation No. - 2025:AHC:20662 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2835 of 2025 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prateek Srivastava, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 121 of 2023, under Sections 302, 201, 34 IPC and Section 4/25/27 Arms Act, Police Station Hastinapur, District Meerut during pendency of the trial. 3. FIR of the present case was lodged against unknown persons and according to the FIR wife of the informant had gone from her house but did not return and in the next morning informant came to know that somebody has committed her murder. 4. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation name of the applicant was surfaced and as per prosecution, deceased was having illicit relationship with the son of the applicant, therefore, he along with his younger son i.e. co-accused Arun Kumar committed her murder but entire allegations are false and baseless. 5. He further submits, during investigation however, Investigating Officer procured the CCTV footage and from its perusal it reflects, applicant had gone along with deceased in the temple for worship but merely on this basis, it cannot be said that he involved in the instant crime. 6. He further submits, it is a case of circumstantial evidence and there is no cogent evidence against the applicant on record. 7. He further submits, co-accused Arun Kumar has already been released on bail by this Court and his bail order has been annexed at page-98 of the paper-book. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 22.05.2023 i.e. for last more than one and half years. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter and however, as per prosecution, applicant was last seen along with deceased when they were entering in the temple for worship but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of such evidence, at this stage, it cannot be said that applicant involved in the murder of the wife of the informant. 12. Further, co-accused Arun Kumar, the son of the applicant has already been released on bail by this Court. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.05.2023 i.e. for last more than one and half years. 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 - Manoj 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 :- 13.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad