Neutral Citation No. - 2025:AHC:66287 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5406 of 2025 Applicant :- Vishal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shikher Trivedi,Sudesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shikher Trivedi, learned counsel for the applicant 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. 260 of 2024, under Sections 115(2), 140(1), 103(1) and 238 BNS, Police Station Sajeti, District Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, FIR of the present case was lodged against applicant and others including co-accused Abhay after two months and after considering entire facts of the case in detail co-accused Abhay has already been released on bail by this Court vide order dated 19.3.2025 passed in Crl. Misc. Bail Application No. 2968 of 2025 and on facts, case of applicant is almost at par with him. 4. He further submitted that as per allegation when applicant was arrested then on his pointing out one wooden stick was recovered which was allegedly used in the crime but that recovery was made after two and half months and merely on this recovery, it cannot be said that case of applicant is distinguishable from the case of co- accused Abhay. 5. He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 23.9.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. However, applicant is named in the FIR alongwith three others including co-accused Abhay but it reflects FIR of the present case was lodged on the basis of suspicion after two months and after considering entire facts of the case co-accused Abhay has already been released on bail by this Court. 9. Further however as per prosecution when applicant was arrested then on his pointing out a wooden stick was recovered which was used in the alleged crime but that recovery was made after two and half months and in view of this Court, at this stage merely on the basis of such recovery of a wooden stick it cannot be said that applicant committed the murder of the deceased in the absence of any other cogent evidence. 10. Further, applicant is having no criminal history and in the present matter, applicant is in jail since 23.9.2024 i.e. for last more than six months. 11. Therefore, considering the facts and circumstance 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-Vishal 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 :- 29.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad