Neutral Citation No. - 2025:AHC:40045 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7525 of 2024 Applicant :- Sanjeev @ Pahadi Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar,Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Adesh Kumar, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 172 of 2023, under Sections 302, 201 IPC, Police Station- Adarsh Mandi, District- Shamli, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against applicant on the basis of suspicion. He further submitted that however, as per prosecution, when applicant was arrested then on his cloths blood was found but till date, the alleged cloth could not be connected the instant crime. 5. He further submitted that except suspicion, there is no cogent evidence against the applicant on record. 6. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 03.09.2023 i.e. for last more than one and half years. 7. 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. 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, applicant has been made accused in the present matter on the basis of suspicion. However, as per prosecution, when applicant was arrested then on his cloth blood was present but till date the alleged cloth could not be connected with the instant crime and it appears, except suspicion, there is no cogent evidence against the applicant on record. 10. Further, applicant is not having any criminal history and in the present matter, he is in jail since 03.09.2023 i.e. for last more than one and half years. 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- Sanjeev @ Pahadi 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 :- 19.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad