Neutral Citation No. - 2025:AHC:68305 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5843 of 2025 Applicant :- Brajesh Gupta @ Birju Mama Opposite Party :- State of U.P. Counsel for Applicant :- Aradhana Singh,Bhawna Verma Counsel for Opposite Party :- A.Z.Khan,G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Aradhana Singh, learned counsel for the applicant, Sri A.Z.Khan, learned counsel for the informant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 275 of 2024, under Sections 103, 238, 3(5) BNS, Police Station- Sen Paschimpara, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and applicant was not named in the FIR and during investigation on the basis of statement of co-accused, he has been made accused in the present matter. She further submitted that except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 4. She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 01.09.2024 i.e. for last more than seven months. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that apart from the statement of co-accused and confessional statement of the applicant, there is also evidence against the applicant that when he was arrested on 01.09.2024 then swab of his hand was taken and after examination, it was found that on his hand human blood was present and, therefore, considering this fact, applicant should not be released on bail. 6. I have heard learned counsel for the parties and perused the record of the case. 7. It is a case of circumstantial evidence and it appears, during investigation, applicant has been made accused in the present matter through the statement of co-accused and as per prosecution, when applicant was arrested on 01.09.2024 and swab of his hand was taken then on the cotton swab human blood was found but from the report of forensic field unit dated 01.09.2024, which was produced by learned AGA during the course of argument, it reflects that swab was taken on 01.09.2024 i.e. after seven days from the date of incident. Further, even the record, it could not be reflected that the alleged human blood was of the deceased. 8. Further, it appears, except the above discussed evidence, there is no other evidence against the applicant on record. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 01.09.2024 i.e. for last more than seven months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Brajesh Gupta @ Birju Mama 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. 13. 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. 14. 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 :- 30.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad