Neutral Citation No. - 2025:AHC:64090 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3879 of 2025 Applicant :- Alkama Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Mohd. Aslam, learned Counsel for the applicant and Shri Manoj Kumar Singh, 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. 203 of 2024, under Section 103 of B.N.S. and Section 4/25 Arms Act, Police Station Kopaganj, District Mau, during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with four others and as per allegations, he and other accused committed the murder of the husband of the informant but admittedly, nobody could see the real incident and it reflects, on the basis of suspicion due to previous dispute applicant has been made accused in the present matter. 4. He next submits, however, as per prosecution when applicant was arrested then on his pointing out, a knife was recovered but from perusal of the recovery memo, which has been annexed along with the instant bail application, it reflects, alleged recovery was made from a place which was accessible to all. 5. It is further submitted that except above evidence, there is no other evidence against the applicant on record. 6. He further submits, applicant is not having any criminal history and in the present matter, he is in jail since 11.08.2024 i.e. for last more than eight months. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and however as per allegations applicant along with others committed the murder of the deceased but it reflects, except the suspicion and recovery of the knife on the pointing out of the applicant, there is no other evidence against the applicant on record and it reflects recovery of knife was made from the place which was accessible to all. 10. Further, applicant is not having any criminal history and in the present matter, he is in jail since 11.08.2024 i.e. for last more than eight months. 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 - Alkama 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 :- 25.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad