Neutral Citation No. - 2025:AHC:34522 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8318 of 2025 Applicant :- Shrichandra Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Utkarsh Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajrshi Gupta, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0146 of 2024, under Sections 103(1)/61(2) B.N.S., Police Station Badausha, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to murder of Bua of the informant. He next submits, deceased is the real aunt of the applicant and during investigation applicant has been made accused in the present matter on the ground that he had conversation number of times with the deceased. 4. He further submits, except CDR report, confessional statement of the applicant and recovery of sharp edge weapon, which alleged to have been used by the applicant in the commission of instant crime, there is no other evidence against the applicant on record. 5. He next submits, as there is no corroborative evidence against the applicant on record, therefore, merely on the basis of recovery of alleged weapon on the pointing out of the applicant, at this stage, it cannot be said that applicant committed the murder of his aunt. 6. He further submits, it is a case of circumstantial evidence and it appears, except suspicion, there is no cogent evidence against the applicant which can connect him with the crime. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.02.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it appears, during investigation applicant has been made accused in the present matter and record also suggests, deceased was his real aunt. However, as per prosecution when applicant was arrested then he confessed his guilt and on his pointing out a sharp edge weapon, which was allegedly used by the applicant in the crime was also recovered but considering the fact that except recovery there is no other cogent corroborative piece of evidence against the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of alleged recovery of weapon it is hard to believe that applicant is the person, who committed the murder of the deceased. 11. Further, however, as per prosecution applicant had conversation with the deceased on 29.10.2024 several times but considering the fact that deceased was his real aunt, in view of this Court, at this stage merely on the basis of this evidence also it cannot be said that applicant committed the murder of the deceased. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.02.2025. 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 - Shrichandra 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 :- 10.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad