Neutral Citation No. - 2025:AHC:32593 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7991 of 2025 Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Garun Pal Singh, learned counsel for the applicant and Sri Manoj Kumar, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.276 of 2024, under Sections 3(5), 61(2) and 103(1) B.N.S., Police Station Sadar Bazar, District Mathura during pendency of the trial. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter along with his brother co-accused Amit and after considering the entire facts in detail, co-accused Amit has been released on bail by this Court and his bail order has been annexed at page No. 85 and on facts, case of applicant is at par with him except the fact that as per prosecution, from the possession of the applicant one Nylon rope was recovered which is alleged to have been used in the crime. 4. He further submitted that merely on the basis of above recovery of rope, it cannot be said that applicant involved in commission of present crime. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 21.10.2024. 6. Per contra, learned AGA however, opposed the prayer for bail and submitted that apart from the present case, applicant is also having criminal history of one another case but he fairly submits, that case related to offence of Excise Act. Learned AGA for the State however could not dispute the other arguments 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. 9. From the record, it reflects that it is a case of circumstantial evidence and applicant has been made accused in the present matter along with his brother i.e. co-accused Amit and after considering entire facts in detail co-accused Amit has already been released on bail by this Court. 10. Further, however records suggest that as per prosecution from the possession of the applicant, one Nylon Rope was also recovered which was allegedly used in the instant crime, but, this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of the recovery of above rope, at this stage, it cannot be said that applicant committed the murder of the deceased as there is no other corroborative evidence against him. 11. Further, however apart from the present case it appears that applicant is also having criminal history of one another case but that case relates to Excise Act. 12. Further, in the present matter the applicant is in jail since 21.10.2024. 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-Sumit 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 :- 6.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad