Neutral Citation No. - 2025:AHC:81815 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4794 of 2025 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- Anand Pati Tiwari,G.A.,Shiv Karan Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Anand Ji Mishra, learned counsel for the applicant, Sri Shiv Karan, learned counsel for the informant and Sri Vinod Kumar, learned AGA-I, for the State. 3. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 666 of 2024, under Sections 103(1) and 61(2) BNS and Section 3/25 Arms Act, Police Station Shikandarabad, District Bulandshahar, during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR but from the FIR it reflects that on the basis of suspicion he was named in the FIR. 5. He further submits that it is a case of circumstantial evidence and except the suspicion and motive there is no other cogent and admissible evidence against the applicant on record. 6. He further submits that however, apart from the present case applicant is having criminal history of five other cases but his criminal history has duly been explained in the affidavit and supplementary affidavit filed in support of the instant bail application. 7. It is next submitted that out of five cases one case was of Section 302 IPC but in that case after investigation no charge sheet was filed against the applicant. It is next submitted in two cases only NCR was lodged against the applicant and out of remaining two cases in one case after investigation no charge sheet was filed against the applicant and proceeding of last case has already been dropped. 8. He further submits that in the present matter applicant is in jail since 30.8.2024, i.e, for the last more than eight months. 9. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR but it reflects that due to suspicion he has been made accused in the present matter and it reflects that except suspicion and motive, there is no cogent and admissible evidence against the applicant on record. 12. Further, however, applicant is having criminal history of five other cases and out of five cases, one case is of Section 302 IPC but in that case no charge sheet was filed against the applicant. Further, out of remaining four cases, two cases are based on NCR and in one case also no charge sheet was filed against the applicant and in one last case proceeding pending against the applicant has been dropped. 13. Further, applicant is in jail in the present matter since 30.8.2024, i.e., for the last more than eight months. 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-Saleem 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 :- 16.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad