Neutral Citation No. - 2025:AHC:38387 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9053 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shubham Pandey, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 258 of 2024, under Sections 103(1) BNS, Police Station- Doghat, District- Baghpat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, applicant has been made accused in the present matter on the basis of statement of witness Prabhas @ Paley and this witness stated that he witnessed the applicant while he was sitting along with the deceased but merely of this basis, it cannot be said that applicant committed the murder of the deceased. 4. He further submitted that it is a case of circumstantial evidence and there is no cogent evidence against the applicant on record. 5. He further submitted that however, apart from the present case, applicant is having criminal history of four other cases including two cases of murder but in both the cases of murder, applicant has been acquitted and in remaining two cases, he is on bail. 6. He further submitted that applicant is in jail in the present matter since 12.10.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects, nobody was named in the FIR and during investigation, applicant has been made accused in the present matter on the ground that one witness witnessed him while he was sitting along with the deceased but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of this evidence, it cannot be said that applicant committed the murder of the deceased. 10. Further, it is a case of circumstantial evidence and it reflects, there is no cogent evidence against the applicant on record. 11. Further, however, apart from the present case, applicant is having criminal history of four other cases including two cases of murder but in both the cases of murder, applicant has been acquitted and in remaining two cases, he is on bail. 12. Further, applicant is in jail in the present matter since 12.10.2024. 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- Deepak 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 :- 18.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad