Neutral Citation No. - 2025:AHC:62008 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4463 of 2025 Applicant :- Naushad Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Ms. Pratibha Singh, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 419 of 2024, under Sections 103(1), 238 B.N.S., Police Station Saraikhwaja, District Jaunpur during pendency of the trial. 4. FIR of the present case was lodged on 03.11.2024 against applicant and unknown persons with regard to murder of the nephew of the informant on the basis of suspicion. 5. Learned counsel for the applicant submits, however, applicant is named in the FIR but it appears, merely on the basis of suspicion he has been made accused in the present case. 6. She further submits, however, during investigation when the Investigating Officer recorded the statement of some witnesses then they stated that applicant and others including co-accused Arsad were last seen along with the deceased on 26.10.2024 but their statements do not appear to be convincing. 7. She next submits, however, co-accused Arsad was not named in the FIR but as per the statements of witnesses case of applicant is at par with him and he has been released on bail by the co-ordinate Bench of this Court and his bail order has been annexed at page 25 of the paper-book. 8. She next submits, it is a case of circumstantial evidence and except above evidence of last seen there is no other evidence against the applicant on record. 9. She next submits, applicant is not having any criminal history and in the present matter she is in jail since 06.11.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is named in the FIR but it appears, FIR of the present case was lodged due to suspicion. Further, however, when Investigating Officer recorded the statements of some witnesses then they stated that on 26.10.2024 they witnessed the applicant and others including co-accused Arsad along with the deceased but this Court finds merit in the argument advanced by learned counsel for the applicant that their statements do not appear to be convincing. 13. Further, however, co-accused Arsad was not named in the FIR but in view of the statements of witnesses, the case of applicant is at par with him and he has been released on bail by the co-ordinate Bench of this Court. Further, except the above evidence of last seen there is no other evidence against the applicant on record. 14. Further, applicant is not having any criminal history and in the present matter she is in jail since 06.11.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Naushad Ahmad 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. 18. 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. 19. 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 :- 23.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad