Neutral Citation No. - 2025:AHC:66914 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5664 of 2025 Applicant :- Mohd. Faruq Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Maurya,Virendra Singh Parmar Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tiwari,Sanjay Kumar Upadhyay Hon'ble Sameer Jain,J. 1. Heard Shri Virendra Singh Parmar, learned counsel for the applicant, Shri Brijesh Pratap Singh, learned AGA for the State- respondent and Shri Kamlesh Kumar Tiwari and Shri Sanjay Kumar Upadhyay, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.215 of 2024, under Sections 103(1), 61(2) Ka, B.N.S., Police Station Bhadohi, District Bhadohi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against unknown persons with regard to the murder of the brother of the informant and during investigation with the aid of Section 61(2) B.N.S. applicant has been made accused in the present matter. 4. He further submits that only evidence against applicant is that he made conversation with the deceased and merely on the basis of this evidence, at this stage, it cannot be said that applicant also involved in the present crime alongwith others. 5. He further submits that from the parcha of the case diary, which has been annexed at page 74 of the paper book, it reflects, through CCTV Footage, it was found that co-accused Junaid was the person, who committed the murder of the brother of the informant. 6. He further submits that however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and all the three cases relate to minor offences. 7. He further submits that applicant is in the present matter is in jail since 01.11.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit however, co- accused Junaid was the person who committed the murder of the brother of the informant but applicant also hatched conspiracy and this fact is evident from the C.D.R. of the applicant, therefore, he should not be released on bail. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. From the record, it reflects, during investigation, applicant has been made accused in the present matter with the aid of Section 61(2) B.N.S. and admittedly, co-accused Junaid was the person who caused fire-arm injury to the deceased. 11. From the record, it reflects, on the basis of C.D.R., applicant has been made accused. This Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of the fact that applicant had conversation with the deceased, it cannot be said that applicant hatched conspiracy. 12. Further, however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and all the three cases relate to minor offences. 13. Further, in the present matter applicant is in jail since 01.11.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Mohd. Faruq, 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 :- 29.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad