Neutral Citation No. - 2025:AHC:41855 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9516 of 2025 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Sangam Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. At the very outset, Sri Sangam Singh, learned counsel for the applicant submits, due to mistake in the prayer clause of instant bail application along with other sections, Section 67(2) B.N.S. has been mentioned in place of Section 61(2) B.N.S., therefore, he may be permitted to make necessary correction in the prayer clause of instant bail application. 2. Learned AGA is having no objection. 3. In view of above, learned counsel for the applicant is permitted to make necessary correction in the prayer clause of instant bail application during the course of the day itself. 4. Heard Sri Sangam Singh, learned counsel for the applicant, Sri Mahendra Pratap, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 5. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 721 of 2024, under Sections 103(1), 238, 61(2) B.N.S., Police Station Surajpur, District Madhya Commissionerate (Gautambuddh Nagar) during pendency of the trial. 6. Learned counsel for the applicant submits, however, applicant is named in the FIR but it appears, merely being brother of co- accused Harun and Gulshan, who was last seen along with deceased, he has been made accused in the present matter. 7. He further submits, except the statement of co-accused and confessional statement of the applicant there is no evidence on record. He further submits, it appears, with the aid of Section 61(2) of B.N.S. applicant has been made accused in the present matter and even there is no cogent evidence of conspiracy against the applicant. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.12.2024. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and it reflects, applicant has been made accused in the present matter with the aid of Section 61(2) B.N.S. but it appears, even there is no cogent evidence of conspiracy against the applicant. 12. Further, from the record, it reflects, except the confessional statement of applicant and statement of co-accused there is no other evidence against the applicant on record. 13. Further, considering the fact that applicant is real brother of co- accused Harun and Gulshan, who were last seen along with deceased on the motorcycle, argument advanced by learned counsel for the applicant that only being brother of co-accused Harun and Gulshan applicant has been made accused in the present matter, cannot be ruled out. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.12.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Saleem 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. 18. 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. 19. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad