Neutral Citation No. - 2025:AHC:72915 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5602 of 2025 Applicant :- Prem Singh Opposite Party :- State of U.P. Counsel for Applicant :- Bhanu Pratap Pal,Mohammad Fateh Counsel for Opposite Party :- G.A.,Mridul Chandra Tiwari,R S Dubey,Rajesh Kumar Yadav,Vatsala Upadhyay Hon'ble Sameer Jain,J. 1. Heard Sri Mohammad Fateh, learned counsel for the applicant, Sri R.S.Dubey, learned counsel for the informant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 707 of 2024, Sessions Trial No.1088 of 2024, under Sections 103 (1), 238, 309(6) and 317(2) BNS, Police Station Majhola, District Moradabad, during pendency of the trial. 3. Learned counsel for the applicant submits that it is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter along with two others including co-accused Rohit and after considering entire facts in detail co-accused Rohit has been released on bail by this Court vide order dated 24.4.2025 passed in Criminal Misc. Bail Application No. 4753 of 2025. 4. He further submits that except motive the case of applicant on facts is at par with co-accused Rohit. 5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 16.8.2024, i.e., for the last more than eight months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that when applicant and other accused were arrested then from their possession number of articles were recovered and applicant was also having motive to commit alleged offence but they could not dispute the fact that co-accused Rohit, who was also arrested along with the applicant, has been released on bail with a very detailed and reasoned order and except motive the case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and it reflects that during investigation applicant has been made accused in the present matter along with two others and however, it reflects that motorcycle allegedly used in the crime and one Scooty were also recovered on the pointing out of applicant and others including co-accused Rohit but co-accused Rohit has already been released on bail by this Court . 9. Further, however, as per prosecution applicant was having strong motive to commit alleged murder but merely on the basis of motive, in view of this Court, the instant bail application should not be withheld. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 16.8.2024, i.e., for the last more than eight months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Prem Singh 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. 14. 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. 15. 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 :- 6.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad