Neutral Citation No. - 2025:AHC:20985 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3806 of 2024 Applicant :- Chhote Sahab Alias Ram Anugrah Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shivani Chaudhary,Vishnu Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vishnu Kant Tiwari, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.330 of 2021, under Section 302, 201/34 IPC, Police Station Jalaun, District Jalaun during pendency of the trial. 3. FIR of the present case was lodged on 24.11.2021 against applicant and co-accused Shivpal and according to the FIR on 23.11.2021 at about 7.00 PM applicant and co-accused Shivpal had taken the son of the informant and when he did not return then on quiry they informed the informant that after taking dinner he left their house and thereafter on 24.11.2021 his dead-body was recovered at about 8.00 PM. 4. Learned counsel for the applicant submits, it is a case of circumstantial evidence and except the evidence of last seen, there is no other evidence against the applicant on record. 5. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 27.11.2021 i.e. for last more than three years. 6. 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 and in the present matter he is in jail for last more than three years. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and it appears except the evidence of last seen, there is no other evidence against the applicant on record. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 27.11.2021 i.e. for last more than three years. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Chhote Sahab Alias Ram Anugrah Singh 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. 13. 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. 14. 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 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad