Neutral Citation No. - 2025:AHC:25536 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3425 of 2025 Applicant :- Shivam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- Apul Misra,Devvrat Misra,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri C.P. Mishra, Advocate holding brief of Sri Apul Misra, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.534 of 2024, under Sections 103(1), 3(5) BNS and 35 Arms Act, Police Station Dhampur, District Bijnor, during pendency of the trial. 3. FIR of the present case was lodged on 18.11.2024 against two named persons (non applicants) and some unknown persons and according to the FIR, wife of the son of the informant was having illicit relationship with co-accused Sanjay Kumar and only due to this reason, she along with co-accused Sanjay Kumar and her two unknown associates committed the murder of son of the informant on 17.11.2024. It is further mentioned in the FIR that at the time of incident Kaushal and Amit were along with the deceased. 4. Learned counsel for the applicant submits that from the FIR, it reflects that informant was not an eye-witness and as per the FIR, Kaushal and Amit were present at the spot along with the deceased at the time of incident but both the witnesses Kaushal and Amit in their statements did not disclose name of any accused persons including applicant. 5. He further submits that for the first time, name of the applicant has been surfaced in the present matter on the basis of the statement of co-accused Sanjay Kumar and as per prosecution, thereafter, when he was arrested then he confessed his guilt and from his possession one countrymade pistol was recovered but even according to the prosecution, the alleged countrymade pistol was not used in the alleged crime. He next submits that except these evidences there is no other evidence against the applicant on record. 6. He further submits that merely on the basis of the above evidence, it cannot be said that applicant involved in the present crime. 7. He further submits that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 27.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the perusal of record, it reflects that during investigation applicant has been made accused in the present matter on the basis of the statement of co-accused and except the statement of co- accused and his confessional statement and recovery of countrymade pistol, there is no other evidence against the applicant on record. 11. This Court finds merits in the argument advanced by learned counsel for the applicant that merely on the basis of above evidences, it cannot be said that applicant also involved in the present crime. 12. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 27.11.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Shivam Kumar 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. 16. 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. 17. 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 :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad