Neutral Citation No. - 2025:AHC:33584 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8090 of 2025 Applicant :- Shatrughan Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anuj Bajpai, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 572 of 2024, under Sections 103(1), 3(5) BNS, Police Station- Khutar, District- Shahjahanpur, 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 father of the informant. He further submitted that during investigation, applicant has been made accused in the present matter through the information furnished by police informer. He further submitted that as per prosecution, when applicant was arrested then he confessed his guilt and on his pointing out, one piece of pipe was recovered, which alleged to have been used in the alleged crime and except the above evidences, there is no cogent evidence against the applicant on record. 4. He further submitted that merely on the basis of above evidences, it cannot be said that applicant committed the murder of the deceased. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 16.11.2024. 6. 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. 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 appears, during investigation, applicant has been made accused in the present matter through the information furnished by police informer. 9. Record also suggests that except recovery of pipe, alleged to have been used in the crime, on the pointing out of applicant, there is no cogent evidence against the applicant on record. 10. This Court finds merit in the argument advanced by learned counsel the applicant that merely on the basis of above evidences, it cannot be said that applicant also involved in the present crime. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 16.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Shatrughan 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. 15. 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. 16. 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 :- 7.3.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad