Neutral Citation No. - 2025:AHC:65184 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5030 of 2025 Applicant :- Nadeem Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mamta Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Mamta Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 140 of 2023, under Sections 302 IPC & 4/25/27 Arms Act, Police Station- Mundali, District- Meerut, 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 and during investigation, through footage of CCTV, applicant has been made accused in the present matter but from the details of CCTV footage, which has been annexed along with the instant bail application, it reflects, even identity of applicant could not be fixed and on the basis of suspicion police informer disclosed that the person present in the CCTV footage looks like applicant. 4. She further submitted that however, during investigation, Investigating Officer recorded the statement of one Arsh, who claimed himself to be eye-witness but his statement does not appear to be convincing. 5. She further submitted that however, as per prosecution, on the pointing out of applicant, knife used in the crime, was also recovered but recovery was made from a place, which was accessible to all. 6. She further submitted that except the above evidence, there is no cogent evidence against the applicant on record. 7. She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.07.2023 i.e. for last more than one and half years. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant has been identified through CCTV footage and there is also eye-witness account, who stated against the applicant, therefore, considering entire material available on record, applicant should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, FIR of the present case was lodged against unknown person but it reflects, on the basis of CCTV footage, applicant has been made accused in the present matter but from perusal of details of CCTV footage, which has been annexed along with the instant bail application, it reflects that even police informer could not precisely state that in the CCTV footage applicant was present and according to him, the person present in the CCTV footage looks like applicant. 11. Further, however, from the statement of witness Arsh, it reflects that he claimed himself to be eye-witness but prima facie, his statement does not appear to be convincing. 12. Further, as per prosecution, on the pointing out of applicant, knife used in the crime, was also recovered but from perusal of the recovery memo, which has been annexed along with the instant bail application, it reflects that recovery was made from a place, which was accessible to all. 13. Further, applicant is not having any criminal history and he is in jail in the present matter since July, 2023 i.e. for last more than one and half years. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Nadeem 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