Neutral Citation No. - 2025:AHC:28692 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3572 of 2025 Applicant :- Kumwa Panna Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Learned counsel for the applicant submitted that due to mistake, name of the applicant has been wrongly mentioned in the memo of application as 'Kumwa Panna' in place of 'Kunwar Panna' and therefore, he may be permitted to make necessary correction in the memo of application. 2. Learned AGA is having no objection. 3. In view of the above, learned counsel for the applicant is permitted to make necessary correction in the name of the applicant in the memo of bail application, during the course of the day itself. 4. Heard Sri Raj Kumar Mishra, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 5. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 122 of 2023, under Section 302/34 IPC, Police Station Kotwali, District Basti, during pendency of the trial in the court below. 6. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person and during investigation, through the statement of co-accused Samui he has been made accused in the present matter. 7. He further submitted that except the statement of co-accused and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 8. He further submitted that as per prosecution as wife of the co- accused Sumai was having illicit relationship with the deceased, therefore, he alongwith the applicant committed his murder. He further submitted that, therefore, there is also no movie against the applicant. 9. He further submitted that however, it is a case of circumstantial evidence but prosecution failed to connect the applicant with the instant crime. 10. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 9.4.2023 i.e. for last almost two years. 11. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. It appears to be a case of circumstantial evidence and during investigation applicant has been made accused through the statement of co-accused and it also appears except the statement of co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 9.4.2023. i.e. for last almost two years. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Kunwar Panna, 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. 18. 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. 19. 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 :- 28.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad