Neutral Citation No. - 2025:AHC:65362 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4211 of 2025 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Raghvendra Prakash Hon'ble Sameer Jain,J. 1. Heard Sri Vinod Kumar Tirpathi, learned counsel for the applicant, Sri Raghvendra Prakash, learned counsel for the complainant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Complainant Case No. 880 of 2018, under Section 302 IPC, Police Station- Haldaur, District- Bijnor, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant has been made accused in the present matter on the basis of complaint case and as per allegation, he along with others committed the murder of father of the complainant, Bhopal Singh and in this regard complaint was filed in the year 2018 and when in the year 2021, he was summoned then he challenged the proceeding before this Court under Section 227 Cr.P.C. and his application is still pending but as applicant could not get any interim protection, therefore, he had to surrender before the court concerned and since then he is in jail. 4. He further submitted that except the bald and verbal allegation, there is no evidence that applicant committed the murder of the deceased. 5. He further submitted that with regard to murder of deceased, applicant himself lodged a FIR against one Anuraj and FIR lodged by applicant has been annexed at page no. 34 of the paper book and after two months, the instant complaint was filed against the applicant. He further submitted that deceased was the real maternal uncle of the applicant. 6. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and that case relates to minor offence. 7. He further submitted that applicant is in jail in the present matter since 14.01.2025. 8. Per contra, learned AGA as well as learned counsel for the complainant however, 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 record, it reflects that with regard to murder of deceased of present case, on 26.01.2018 applicant himself lodged a FIR against one Anuraj but after two months, son of the deceased filed a criminal complaint against applicant and from the criminal complaint filed by the complainant, it reflects, nobody could see that applicant was the person, who committed the murder of the deceased. 11. Further, in the FIR lodged by the applicant investigation has been concluded and charge sheet has been filed against co-accused Anuraj and he is facing trial in that case, therefore, at this stage, it cannot be said that applicant is the person, who committed the murder of the deceased. 12. Further, however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and that case relates to minor offence. 13. Further, applicant is in jail in the present matter since 14.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. ccordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Sanjay 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad