Neutral Citation No. - 2025:AHC:41806 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8133 of 2025 Applicant :- Aafridi Opposite Party :- State of U.P. Counsel for Applicant :- Shweta Pandey Counsel for Opposite Party :- G.A.,Mohd. Aslam Hon'ble Sameer Jain,J. 1. Heard Ms. Shweta Pandey, learned counsel for the applicant, Sri Mohd. Aslam, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 345 of 2024, under Sections 103(1), 3(5), 61(2)Ka BNS, Police Station- Nagal, District- Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, on the basis of statement of co-accused, he has been made accused in the present matter. She further submitted that except the statement of co- accused and his confessional statement, there is no cogent evidence against the applicant on record. 4. She further submitted that however, during investigation, Investigating Officer recorded the statement of one witness Raw Sahwar Chauhan, who claimed himself to be an eye-witness but he did not disclose the name of the applicant. 5. She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 15.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that it is a case of double murder but both the counsels could not dispute the fact 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 his confessional statement, there is no cogent evidence against the applicant on record. They further could not dispute the fact that applicant is not having any criminal history. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it appears to be a case of double murder but applicant was not named in the FIR and it reflects that during investigation he has been made accused in the present matter on the basis of statement of co-accused. 9. However, it also reflects that during investigation, Investigating Officer recorded the statement of one witness Raw Sahwar Chauhan, who claimed himself to be an eye-witness but he did not disclose the name of applicant and it reflects, except the statement of co-accused and his confessional statement, there is no cogent evidence against the applicant on record. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 15.11.2024. 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- Aafridi 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 :- 21.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad