Neutral Citation No. - 2025:AHC:21234 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1825 of 2025 Applicant :- Rahul Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Swayamanand Sisodiya,Swetashwa Agarwal,Tushar Oberoi Counsel for Opposite Party :- G.A.,Virendra Singh Tomar Hon'ble Sameer Jain,J. 1. Heard Sri Swetashwa Agarwal, learned counsel for the applicant; Sri Dheeraj Kumar Singh Advocate holding brief of Sri Virendra Singh Tomar, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 516 of 2024, under Sections 103(1), 61(2)(a) BNS, Police Station Shamli, District Shamli, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 1.9.2024 against unknown person with regard to the murder of the husband of the informant. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation applicant has been made accused in the present matter with the aid of section 61(2) BNS and even there is no cogent evidence of conspiracy against the applicant. 5. He further submitted that during investigation co-accused Mohit, son of the deceased was also made accused with the aid of section 61(2) BNS and after considering entire facts of the case, he has been released on bail by this Court vide order dated 7.2.2025 passed in Crl. Misc. Bail Application No. 843 of 2025 and case of applicant is even on better footing than him. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 7.9.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that during investigation applicant has been made accused in the present matter with the aid of section 61(2) BNS. 8. They further could not dispute the fact that except suspicion there is no cogent evidence against the applicant on record. 9. They further could not dispute the fact that during investigation son of the deceased namely Mohit has also been made accused in the present matter with the aid of section 61(2) BNS and he has been released on bail by this Court and on facts, case of applicant is even on better footing than him. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the perusal of the record, it reflects that nobody was named in the FIR and during investigation applicant has been made accused in the present matter with the aid of Section 61(2) BNS but it appears except suspicion there is no cogent evidence of even conspiracy against him. 12. Further, record also suggests during investigation son of the deceased namely Mohit was also made accused with the aid of 61(2) BNS but after considering entire facts of the case, he has been released on bail by this Court and on facts, case of applicant is even on better footing than him. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 7.9.2024. 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-Rahul Sharma, 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 :- 14.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad