Neutral Citation No. - 2025:AHC:67009 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5672 of 2025 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Devendra Singh, Advocate holding brief of Shri Asheesh Kumar Tiwari, learned counsel for the applicant and Shri Santosh Nigam, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.353 of 2023, under Sections 302, 201 IPC, Police Station Sector-49 Noida, District Gautam Buddh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR and as per allegation, he by causing brick injuries to the deceased committed his murder but entire allegation levelled against him is totally false and even from the FIR, it reflects, informant of the case was not the eye-witness. 4. He further submits that merely due to previous enmity under suspicion, applicant has been named in the FIR. 5. He further submits that admittedly there is no eye-witness account and it reflects, during investigation, I.O. recorded the statement of one witness namely Harish Verma, who tried to give evidence of last seen against the applicant but from his statement, which has been annexed at page 84 of the paper book, it reflects, his statement is not convincing one. 6. He further submits that it is a case of circumstantial evidence and there is no cogent evidence against the applicant on record, which can connect him with the instant crime. 7. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 08.09.2023 i.e. for last more than one and half years. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, applicant is named in the FIR and as per allegation, he committed the murder of the brother of the informant but admittedly informant of the case is not an eye-witness. 11. Further, from the record, it also reflects that there is no eye- witness account and except the evidence of last seen given by witness Harish Verma, there is no cogent evidence against the applicant on record, which can connect him with the instant crime and statement of witness Harish Verma does not appear to be convincing one. 12. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 08.09.2023 i.e. for last more than one and half years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Monu, 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. 16. 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. 17. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad