Neutral Citation No. - 2025:AHC:20995 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4083 of 2024 Applicant :- Tejpal Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Daya Shanker Pandey, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.474 of 2022, under Section 302 of IPC, Police Station Indrapuram, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merits by Ho'ble Mayank Kumar Jain, J. vide order dated 10.04.2023 but as his Lordship has already demitted his office and this court is dealing with such matters therefore, instant second bail application is listed before this Bench. 4. He further submits, it is a case of circumstantial evidence and in the present matter applicant is in jail since 26.04.2022 i.e. for last more than two and half year and till date trial could not be concluded. 5. He further submits, as far as merit of the present case is concerned except the fact that on the point out of the applicant the poker (Sooja) a weapon allegedly used by the applicant in the commission of the present crime and on the pointing out of the applicant motorcycle of the deceased was recovered, there is no other cogent evidence against applicant on record. 6. He further submits, as applicant is the real elder brother of the deceased therefore, if motorcycle of the deceased was recovered from his possession then it cannot be the incriminating circumstance against him. He further submits, unfortunately this fact could not be placed at the time of the first bail application of the applicant. 7. He further submitted that applicant is not having any criminal history. 8. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute the other 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. This is the second bail application filed on behalf of the applicant and his first bail application was dismissed by Ho'ble Mayank Kumar Jain, J. but as his Lordship has already demitted his office and this court is dealing with such matter therefore, the instant second bail application has been listed today before this Bench. 11. Further, from the record it reflects it is a case of circumstantial evidence and except the fact that on the pointing out of the applicant motorcycle of the deceased and poker (Sooja) the weapon alleged to have been used in the crime was recovered there is no other cogent evidence against him on record and considering the fact that applicant is the real elder brother of the deceased argument advanced by learned counsel for the applicant with regard to recovery of the motorcycle of the deceased cannot be completely brushed aside. 12. Further, applicant is not having any criminal history and he is in jail since 26.04.2022 i.e. for last more than two and half year. 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- Tejpal 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 :- 13.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad