Neutral Citation No. - 2025:AHC:66405 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5445 of 2025 Applicant :- Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Rai, learned counsel for the applicant and Sri Santosh Kumar Pandey, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 210 of 2024, under Sections 302, 452, 34 IPC and Section 3/25/27(3) Arms Act, Police Station Nehtaur, District Bijnor during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to murder of the nephew of the informant but during investigation name of the applicant was surfaced in the present matter on the basis of information given by the police informer after two months from the date of incident. 4. He further submits, however, as per prosecution co-accused Vikki also disclosed the name of applicant and when applicant was arrested then he confessed his guilt and on his pointing out one country made pistol was also recovered but the confession of the applicant and above recovery is false. He further submits, till date the alleged recovered country made pistol could not be even connected with the instant crime. He further submits, except the above evidence, there is no other evidence against the applicant on record. 5. He further submits, co-accused Vikki has been released on bail by the co-ordinate Bench of this Court and his bail order has been annexed as Annexure-13 to the affidavit. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.08.2024 i.e. for last more than eight months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 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, after more than two months on the basis of information given by the police informer applicant has been made accused in the present matter and it also reflects, after that when co-accused Viki was arrested then he also disclosed the name of applicant in his statement and as per prosecution when applicant was arrested then on his pointing out one country made pistol was recovered which was alleged to be used in the crime and except the above evidence there is no other evidence against the applicant on record. 9. Further, above evidence has been surfaced after more than two months and till date it reflects, the alleged recovered pistol could not be connected with the instant crime. Further, co-accused Vikki has been released on bail by the co-ordinate Bench of this Court. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.08.2024 i.e. for 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 - Sagar 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 :- 29.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad