Neutral Citation No. - 2025:AHC:60732 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5339 of 2025 Applicant :- Budhsen Opposite Party :- State of U.P. Counsel for Applicant :- Umair Mahmood,Vivek Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Umair Mahmood, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0240 of 2024, under Sections 302, 201, 120-B IPC, Police Station- Ecotech-3, District- Gautambudh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with two others but it appears, on the basis of suspicion, he has been made accused in the present matter. 4. He further submitted that it is a case of circumstantial evidence and except suspicion, confessional statement of the applicant and statement of co-accused, there is no cogent evidence against the applicant on record. 5. He further submitted that apart from the present case, however, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and both the cases relate to minor offences. 6. He further submitted that applicant is in jail in the present matter since 31.07.2024 i.e. for last more than eight months. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR but it reflects, on the basis of suspicion, he has been made accused in the present matter. 10. Record also suggests that it is a case of circumstantial evidence and it appears, except suspicion, confessional statement of the applicant and statement of co-accused, there is no cogent evidence against the applicant on record. 11. Further, apart from the present case, however, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and both the cases relate to minor offences. 12. Further, applicant is in jail in the present matter since 31.07.2024 i.e. for last more than eight 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- Budhsen 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