Neutral Citation No. - 2025:AHC:66880 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8918 of 2025 Applicant :- Raju @ Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Srivastava, learned counsel for the applicant, Sri Shiv Sharan Tripathi, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 602 of 2024, under Sections 103(1), 61(2) BNS, Police Station- Debai, District- Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to murder of brother of the informant but during investigation, applicant has been made accused in the present matter on the basis of statement of co-accused. 4. He further submitted that it appears, as per prosecution, co- accused Shailendra, Pushpendra and Vivek committed the murder of the deceased and applicant also involved in this murder but except the bald allegation of conspiracy, there is no cogent evidence of conspiracy against the applicant. 5. He further submitted that however, earlier also applicant was made accused for the offence under Section 302 IPC but in that case, he has been acquitted and in the present matter, he is in jail since 05.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant, however, 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. Nobody was named in the FIR and during investigation, applicant has been made accused through the statement of co- accused with the aid of Section 61(2) BNS but there is no cogent evidence of conspiracy against the applicant. 9. Further, from the statement of eye-witness Hemant, it reflects, co-accused Shailendra, Pushpendra and Vivek committed the murder of the deceased and he did not even disclose the name of the applicant. 10. Further, however, earlier also applicant was made accused for the offence under Section 302 IPC but in that case, he has been acquitted and in the present matter, he is in jail since 05.12.2024. 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- Raju @ Rajveer 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 :- 29.4.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad