Neutral Citation No. - 2025:AHC:20776 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2846 of 2025 Applicant :- Ankur Alias Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Aarushi Khare Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Aarushi Khare, learned counsel for the applicant appointed by High Court Legal Services and Sri Ajeet Madhesia, 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. 160 of 2017, under Sections 363, 302, 201 IPC, Police Station Ganganagar, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation applicant has been made accused in the present matter on the basis of evidence of last seen. 4. She further submits, however, it is a case, in which, six years old boy has been murdered but on the basis of false evidence of last seen due to enmity, applicant has been made accused in the present matter. 5. She further submits, it is a case of circumstantial evidence and there is no eye witness account and in the present matter applicant is in jail since 10.06.2017 i.e. for last more than seven and half years. 6. She further submits, applicant is not having any criminal history. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that it is a case of circumstantial evidence and except the evidence of last seen there is no other evidence against the applicant on record. Learned AGA further could not dispute the fact that in the present matter applicant is in jail since 10.06.2017 i.e. for last more than seven and half years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence, in which, however six years old boy was murdered but it reflects, during investigation applicant has been made accused on the basis of evidence of last seen and except the evidence of last seen, there is no other evidence against the applicant on record. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 10.06.2017 i.e. for last more than seven and half years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Ankur @ Bhura 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 :- 13.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad