Neutral Citation No. - 2025:AHC:65807 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5058 of 2025 Applicant :- Gajraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vinay Kumar Mishra, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 151A of 1998, under Section 302 IPC, Police Station- Auraiya, District- Auraiya, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, it is a case of the year 1998 and in the present matter, applicant is in jail since 09.08.2024 but he is not an absconder and in the present matter, initially after investigation, final report has been submitted and thereafter, on the protest petition, applicant and others were summoned and thereafter, they challenged the summoning order before this Court in Application U/s 482 No. 5363 of 1999 and this Court initially stayed the summoning order passed against them but unfortunately, in the year 2010, Application U/s 482 filed by applicant and others was dismissed for non-presence of their counsel and when applicant and another accused filed recall application then their recall application was dismissed in the year 2019. He further submitted that applicant could not become aware about the dismissal of recall application and when he came to know about this fact then he surrendered before the court concerned on 09.08.2024 and since then he is in jail. 4. He further submitted that it is a case of circumstantial evidence and there is no cogent evidence against the applicant, which can suggest that applicant also involved in commission of murder of the deceased. 5. He further submitted that applicant is not having any criminal history. 6. 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. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, applicant and three others committed the murder of the deceased but it reflects, there is no cogent evidence in this regard against the applicant. 9. Further, it reflects that present case is of the year 1998 and applicant is in jail only since August 2024 but considering the argument advanced by learned counsel for the applicant, it cannot be said that he is an absconder. 10. Further, record also suggests that initially, during investigation, involvement of the applicant was found false and no charge sheet was filed against him and it reflects, on the basis of the protest petition, he has been summoned and for number of years, summoning order passed against him was remained stayed by this court. 11. Further, applicant is not having any criminal history, and he is in jail in the present matter since August 2024 i.e. for last more than eight months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Gajraj Singh 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. 15. 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. 16. 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