Neutral Citation No. - 2025:AHC:72524 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6843 of 2025 Applicant :- Muneeb Opposite Party :- State of U.P. Counsel for Applicant :- Km. Ashra,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Samiuzzaman Khan and Km. Ashra, learned counsels for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 767 of 2024, under Sections 105 B.N.S., Police Station Gulariha, District Gorakhpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant and others committed the murder of the deceased but it appears, FIR of the present case was lodged on the basis of suspicion. 4. He further submits, it is a case of circumstantial evidence and except the evidence of last seen there is no other evidence against the applicant on record. He further submits, as FIR of the present case was lodged after two days on the basis of suspicion, therefore, evidence of last seen also prima facie appears to be doubtful. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.12.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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. It is a case of circumstantial evidence and it reflects, except the evidence of last seen there is no other evidence against the applicant on record and considering the fact that FIR of the present case was lodged after two days, therefore, prima facie evidence of last seen also appears to be doubtful. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Muneeb 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. 13. 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. 14. 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 :- 6.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad