Neutral Citation No. - 2025:AHC:59551 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4227 of 2025 Applicant :- Vivek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- Dharmendra Kumar Mishra,G.A.,Manoj Kumar Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Garun Pal Singh, learned counsel for the applicant, Sri Dharmendra Kumar Mishra, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State. 3. 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), 238, 61(2), 315 B.N.S., Police Station Kotwali Sadabad, District Hathras during pendency of the trial. 4. Learned counsel for the applicant submits, it is a case of circumstantial evidence and applicant was not named in the FIR but during investigation he has been made accused in the present matter on the basis of extra judicial confession made by other accused persons before one Dhanveer. 5. He further submits, however, after the statement of witness Dhanveer when Investigating Officer recorded the statement of witnesses Mohit and Saurabh then they tried to give the evidence of last seen but their statements were recorded after ten days and even their statements do not appear to be convincing. 6. He further submits, except the above evidence, there is no other evidence against the applicant on record. 7. He further submits, however, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the supplementary affidavit filed in support of instant bail application. 8. He further submits, in the present matter applicant is in jail since 08.11.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter on the basis of extra judicial confession made by three other accused before witness Dhanveer and apart from the statement of Dhanveer as per prosecution two witnesses also tried to give the evidence of last seen against the applicant but statements of these witnesses were recorded after ten days and their statements also do not appear to be convincing. 12. Further, except the above evidence, there is no other cogent evidence against the applicant on record. 13. Further, however, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the supplementary affidavit filed in support of instant bail application and in the present matter he is in jail since 08.11.2024. 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 - Vivek 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