HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6149 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-Respondent and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 320 of 2024, under Sections 103(1), 309(4) and 317(2) BNS, Police Station Lodha, District Aligarh, during pendency of the trial in the court below. 3. FIR of the present case was lodged against three persons (non applicant) with regard to the murder of the husband of the informant. 4. Learned counsel for the applicant submitted that applicant is not named in the FIR but during investigation he has been made accused in the present matter and as per allegation when applicant was arrested then he confessed his guilt and on his pointing out the battery of the vehicle of the deceased were recovered. 5. He further submitted that except the above evidence, there is no other evidence against the applicant. He further submitted that from the perusal of the recovery memo, it reflects that the recovery was made from the place which was accessible to all. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 13.01.2025. It is further submitted that on the similar footing the co-accused Mohit has been granted bail by the Court vide order dated 11.04.2025 passed in Criminal Versus Counsel for Applicant(s) : Devesh Kumar Shukla, Dharmesh Kumar Shukla, S.P.S. Chauhan, Smt. Meenakshi Chauhan Counsel for Opposite Party(s) : G.A. Arvind Alias Lalla Alias Harendra .....Applicant(s) State of U.P. .....Opposite Party(s) Misc. Bail Application No. 11911 of 2025, therefore, the applicant is also entitled to be released on bail. 6. Per contra, learned AGA opposed the prayer for bail and submitted that when the applicant was arrested then on his pointing out battery of the vehicle of the deceased were also recovered and therefore, it cannot be said that there is no other evidence against him on record. 7. Learned AGA, however, could not dispute the fact that the alleged recovery was made from the place which was accessible to all. He further could not dispute the fact that applicant was not having previous criminal history, however, he further submitted that on the basis of present case subsequently he has also been made accused under the provisions of U.P. Gangsters Act. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and applicant is not named in the FIR and it appears during investigation he has been made accused in the present matter. As per prosecution on the pointing out of the applicant the recovery of battery of the vehicle of deceased were recovered. Except the above evidence, there is no other evidence against the applicant on record. 10. As far as recovery of battery of the vehicle of the deceased on the pointing out of the applicant is concerned, from the recovery memo it reflects that the alleged recovery was made from a place which was accessible to all. 11. Further, applicant is not having previous criminal history. Further, in the present matter, applicant is in jail since 13.01.2025. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant, Arvind Alias Lalla Alias Harendra, 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 BAIL No. 6149 of 2025 2 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. September 15, 2025 pks BAIL No. 6149 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad