Neutral Citation No. - 2025:AHC:60757 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4395 of 2025 Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.,Pankaj Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri Pankaj Kumar, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 409 of 2024, under Sections 137(2), 103, 238 BNS, Police Station- Civil Lines, District- Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to murder of the son of the informant and when second statement of the informant was recorded then he raised suspicion against applicant and merely on the basis of suspicion, he has been made accused in the present matter. 4. He further submitted that however, after about 15 days when statements of other witnesses were recorded then they also tried to implicate the applicant along with co-accused Amar Singh by raising suspicion but their statements do not appear to be convincing. 5. He further submitted that however, as per prosecution, when applicant and co-accused Amar Singh were arrested then on their joint pointing out weapon used in the crime was recovered but without any other corroborative evidence at this stage merely on the basis of above recovery, it cannot be said that applicant committed the murder of the deceased. 6. He further submitted that however, apart from 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 24.08.2024 i.e. for last more than six months. 8. Per contra, learned AGA 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. It is a case of circumstantial evidence and it reflects, during investigation through the second statement of informant on the basis of suspicion, applicant has been made accused in the present matter and however, except suspicion, as per prosecution, when applicant and co-accused Amar Singh were arrested then on their joint pointing out weapon used in the crime was also recovered but the argument advanced by learned counsel for the applicant that merely on the basis of such recovery in the absence of other corroborative evidence, it is hard to believe that applicant is the person, who committed the murder of the deceased. 11. Further, however, apart from 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. 12. Further, applicant is in jail in the present matter since 24.08.2024 i.e. for last more than six months. 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- Ramesh 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 :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad