Neutral Citation No. - 2025:AHC:32551 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7878 of 2025 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jai Raj, learned counsel for the applicant and Sri Imran Khan, 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.408 of 2024, under Sections 103(1) and 61(2) BNS, Police Station Etmaddaula, District Agra during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against unknown persons with regard to the murder of the husband of the informant. 4. It is further submitted that during investigation applicant has been made accused in the present matter through the statement of co-accused and except the statement of co-accused and confessional statement of the applicant, there is no other evidence against him on record. 5. It is further submitted that from the record it reflects that with the aid of Section 61(2) BNS applicant has been made accused in the present matter on the ground that he did 'reki' but there is no cogent evidence in this regard against him on record. 6. It is further submitted that applicant is not having any previous criminal history and in the present matter he is in jail since 31.1.2025. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it appears that during investigation applicant has been made accused in the present matter through the statement of co-accused with the aid of Section 61(2) BNS and it appears that except the statement of co-accused and the confessional statement of applicant, there is no other cogent evidence against the applicant on record. 10. Further, applicant is not having any previous criminal history and in the present matter applicant is in jail since 31.1.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Nazim 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. 14. 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. 15. 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad