Neutral Citation No. - 2025:AHC:37035 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8755 of 2025 Applicant :- Hasim Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri PN Singh Advocate filed his power on behalf of the informant which is taken on record. 2. Heard Sri Ramesh Kumar Shukla, learned counsel for the applicant; Sri Prem Narayan Singh, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 125 of 2024, under Sections 302, 120B IPC, Police Station Baraut, District Baghpat, during pendency of the trial in the court below. 4. FIR of the present case was lodged against the applicant and co- accused Ruksana with regard to the murder of the brother of the informant on the ground that co-accused Ruksana, wife of the deceased was having illicit relationship with the applicant, therefore, they have committed his murder. 5. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 6. He further submitted that except the allegation that applicant is having illicit relationship with the wife of the deceased and on the pointing out of the applicant, one sharp edged weapon alleged to have been used in the crime was recovered, there is no other evidence against the applicant on record. 7. He further submitted that merely on the basis of above recovery of weapon without any further corroborative evidence, it cannot be said that applicant committed the murder of the deceased. 8. He further submitted that it is a case of circumstantial evidence but prosecution failed to connect the applicant with the instant crime. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 3.3.2024 i.e. for last more than a year. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant was having illicit relationship with the wife of the deceased, therefore, he committed his murder alongwith his wife. 11. They further submitted that even on the pointing out of the applicant, weapon used in the crime was recovered and on the weapon blood stained marks were also found and therefore, it cannot be said that applicant is innocent. 12. I have heard learned counsel for the parties and perused the record of the case. 13. It is a case of circumstantial evidence and as per prosecution, applicant was having illicit relationship with the wife of the deceased, therefore, he alongwith his wife committed his murder and when he was arrested then he confessed his guilt and on his pointing out, weapon used in the crime was recovered and on the alleged recovered weapon, blood stained marks were also found but except the above circumstances, there are no other circumstances against the applicant on record. 14. This Court finds merit in the argument advanced by learned counsel for the applicant that without any corroborative evidence, on the basis of above circumstances, it can not be said that applicant committed the murder of the deceased, specially considering the fact that till date even the alleged recovered weapon could not be connected with the instant crime. 15. Further, applicant is having no previous criminal history and he is in jail in the present matter since 3.3.2024 i.e. for last more than a year. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Hasim, 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. 19. 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. 20. 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 :- 17.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad