Neutral Citation No. - 2025:AHC:40028 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8170 of 2024 Applicant :- Ashish Kumar Solanki Opposite Party :- State of U.P. Counsel for Applicant :- A Kumar Srivastava,Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.,Ramesh Chandra Pal,Sunil Kumar Kushwaha Hon'ble Sameer Jain,J. 1. Counter affidavit filed by informant is taken on record. 2. Heard Sri Akhilesh Singh, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 223 of 2023, under Section 302 IPC, Police Station- Sidhpura, District- Kasganj, 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 unknown person but during investigation, applicant has been made accused in the present matter on the ground that he was having illicit relationship with the niece of the deceased and, therefore, he committed his murder but except suspicion, it appears, there is no cogent evidence against the applicant on record. 5. He further submitted however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of instant bail application and he is in jail in the present matter since 21.12.2023 i.e. for last more than a year. 6. Per contra, learned AGA as well as learned counsel for the informant, 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 reflects, during investigation, applicant has been made accused on the basis of suspicion and except suspicion and confessional statement of the applicant, it appears, there is no cogent evidence against him on record. 9. Further, however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of instant bail application. 10. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 11. Further, applicant is in jail in the present matter since 21.12.2023 i.e. for last more than a year. 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- Ashish Kumar Solanki 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 :- 19.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad