Neutral Citation No. - 2025:AHC:66942 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5456 of 2025 Applicant :- Shivam Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Om Narayan Pandey, learned Advocate submitted that he has filed his power on behalf of applicant but his name has not been shown in the cause list. However, he further submitted that he is ready to argue the matter. 2. Heard Sri Om Narayan Pandey, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2024, under Sections 140(1), 103(1), 238, 3(5) BNS, Police Station- Tilhar, District- Shahjahanpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against co-accused Vipin Gangwar under Section 140(3) BNS but after recovery of dead body of the deceased case was converted under Section 103(1) BNS. 5. He further submitted that applicant was not named in the FIR and during investigation through the statement of co-accused Vipin Gangwar, he has been made accused in the present matter. 6. He further submitted that however, apart from the statement of co-accused and confessional statement of applicant, as per prosecution, on the pointing out of applicant, wallet of the deceased was also recovered but entire recovery is false and planted one and merely on the basis of above evidence including recovery, it cannot be said that applicant involved in the present crime along with others. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.10.2024 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 reflect, during investigation name of the applicant was surfaced in the present matter through the statement of co-accused Vipin Gangwar. 11. Record also suggests that apart the statement of co-accused and confessional statement of applicant, as per prosecution, on the pointing out of applicant wallet of the deceased was also recovered but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above evidence at this stage, it cannot be said that applicant committed the murder of the deceased along with others. Further, except above evidences, it appears, there is no other evidence against the applicant on record. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.10.2024 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- Shivam Gangwar 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 :- 29.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad