Neutral Citation No. - 2025:AHC:66477 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5367 of 2025 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 243 of 2024, under Sections 103(1), 61(2) BNS, Police Station Dhaulana, District Hapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged on 28.9.2024 at 21:20 hours against unknown person with regard to the murder of the sister and mother of the informant. 4. He further submitted that actually before lodgement of the FIR, an information with regard to the death of the deceased persons was given by one Manoj to the police and this fact is evident from page 40 of the paper book and after his information police arrived at spot and informed the informant and thereafter FIR of the present case was lodged. 5. He further submitted that nobody was named in the FIR but during investigation when the statement of Manoj was recorded who gave information about the death of the deceased persons to the police then he disclosed the name of the son of the applicant namely, Sameer. 6. He further submitted that as per prosecution marriage of Sameer was solemnized with the sister of the informant i.e. one of the deceased but some dispute arose between husband and wife and co-accused Sameer alongwith his brother and bhabhi committed both the murders and applicant being his father also involved in the present crime. 7. He further submitted that admittedly, there is no eye witness account and except bald and verbal allegation, there is no cogent evidence against the applicant which can connect him with the instant crime. 8. He further submitted that it appears only being father of the co- accused Sameer applicant has been made accused in the present matter with the aid of section 61(2) BNS. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 30.9.2024 i.e. for last more than six months. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. It is a case of circumstantial evidence and it reflects on the basis of information given by police informer during investigation applicant has been made accused in the present matter with the aid of section 61(2) BNS and it reflects except bald and verbal allegation that he also involved in the present crime alongwith others, there is no other cogent evidence against the applicant on record. 13. Further, considering the fact that applicant is father of co- accused Sameer, who was husband of one of the deceased, the argument advanced by learned counsel for the applicant that only being father of the principal accused Sameer applicant has been made accused in the present matter, cannot be ruled out, at this stage. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 30.9.2024 i.e. for last more than six months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Rashid, 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. 18. 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. 19. 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