Neutral Citation No. - 2025:AHC:59636 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4267 of 2025 Applicant :- Indralal Alias Indra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Singh,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Virendra Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 370 of 2024, under Sections 103(1), 238 B.N.S., Police Station Sujanganj, District Jaunpur during pendency of the trial. 4. FIR of the present case was lodged against applicant and husband of the deceased and as per allegation the murder of the deceased was committed either by her husband or by the applicant as applicant was having love affair with her. 5. Learned counsel for the applicant submits, admittedly there is no eye witness account and it appears, merely on the basis of suspicion that applicant was having love affair with the deceased, he has been made accused in the present matter along with husband of the deceased. 6. He further submits, however, during investigation as per prosecution from the place of incident the wallet of the applicant was recovered and from the wallet some important documents of the applicant were also recovered and as per prosecution the location of the mobile of the applicant was also found near the place of the incident but except the above evidence, there is no other evidence against the applicant on record. 7. He further submits, merely on the basis of above evidence, at this stage, it cannot be said that applicant committed the murder of the deceased. 8. He further submits, as applicant was having relationship with the deceased, therefore, it appears, merely due to the suspicion he has been made accused in the present matter. 9. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. It is a case of circumstantial evidence and as per prosecution the wallet of the applicant was recovered from the place of incident and in the wallet some important documents of the applicant were also found and location of the mobile phone of the applicant was also found near the place of incident but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above evidences, at this stage, it cannot be said that applicant involved in the present crime specially when there is no other corroborative evidence against the applicant on record. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024. 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 - Indralal @ Indra 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. 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 :- 22.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad