Neutral Citation No. - 2025:AHC:62277 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5753 of 2025 Applicant :- Gulshan Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra,Devendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Arvind Kumar Mishra, learned Counsel for the applicant and Shri Ashutosh Singh learned A.G.A. for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 90 of 2024, under Sections 105, 352 B.N.S., Police Station Jahangirpur, District Bulandshahr during pendency of the trial. 3. Learned counsel for the applicant submits, F.I.R. of the present case was lodged against two persons (non-applicant) with regard to the death of the husband of the informant and during investigation co-accused- Raju Sharma alias Ashu was made accused and when his statement was recorded then he disclosed the name of the applicant and accept the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 4. He further submits, applicant is not having any criminal history and in the present matter, he is in jail since 04.11.2024. 5. Per contra, learned A.G.A., however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. It is the case circumstantial evidence and the name of the applicant was surfaced in the present matter during investigation through the statement of co-accused and it reflects except the statement of co-accused and confessional statement of the applicant, there is no other cogent evidence against the applicant. 8. Further, applicant is not having any criminal history and in the present matter, he is in jail since 04.11.2024 i.e. for last more than five months. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Gulshan 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. 12. 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. 13. 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 :- 23.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad