Neutral Citation No. - 2025:AHC:35305 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8477 of 2025 Applicant :- Monu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 204 of 2024, under Sections 191(2), 103(1), 238 BNS, Police Station Ghazipur, District Fatehpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged against the applicant and two others on the basis of suspicion with regard to the murder of the daughter of the informant aged about 17 years. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR but it reflects that on the basis of suspicion, he has been made accused in the present matter. 5. He further submitted that however, as per prosecution when applicant and two others were arrested then they confessed their guilt and on their pointing out, from a four wheeler, one cloth of the deceased was recovered but applicant neither confessed his guilt nor any recovery was recovered from his pointing out. 6. He further submitted that merely on the basis of above recovery without any other corroborative evidence, it cannot be said that applicant also involved in the present matter but actually deceased was having friendship with co-accused Dileep and applicant is the friend of co-accused Dileep, therefore, he has been made accused in the present matter and there is no cogent evidence against him on record. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 1.10.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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, applicant has been named in the FIR on the basis of suspicion and however, as per prosecution during investigation when he was arrested alongwith two others then he confessed his guilt and on their pointing out one cloth of the deceased was recovered and it appears except the above recovery, confessional statement of the applicant & statement of the co-accused, there is no evidence against the applicant on record. 11. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that on the basis of above evidence, it cannot be said that applicant committed the murder of the deceased. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 1.10.2024. 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-Monu Kumar, 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 :- 11.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad