Neutral Citation No. - 2025:AHC:38381 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9008 of 2025 Applicant :- Deepu @ Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Javed Alam, learned Advocate holding brief of Sri Dheeraj Kumar Tiwari, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 142 of 2023, under Sections 302, 394, 411, 457 IPC, Police Station Narsena, District Bulandshahr during pendency of the trial. 3. FIR of the present case was lodged on 16.05.2023 against applicant on the basis of suspicion with regard to robbery and murder of the mother of the informant. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR but it appears, on the basis of suspicion he was made accused. 5. He further submits, however, as per prosecution when applicant was arrested then he confessed his guilt and on his pointing out some belongings of the deceased were recovered but entire recovery is false and baseless. 6. He further submits, even without any corroborative evidence merely on the basis of above recoveries, it cannot be said that applicant involved in the present crime. 7. He further submits, however, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and in both the cases, he is on bail. He further submits, in the present matter applicant is in jail since 17.05.2023 i.e. for last more than one and half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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. However, it reflects, applicant is named in the FIR but record also suggests that on the basis of suspicion applicant has been made accused in the FIR. 11. Record further suggests however as per prosecution when applicant was arrested then he confessed his guilt and on the pointing out of the applicant belongings of the deceased were recovered but considering the fact that applicant had already been named in the FIR on the basis of suspicion prima facie alleged recovery appears to be doubtful. 12. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that without any corroborative evidence merely on the basis of above recovery, it cannot be said that applicant involved in the present crime. 13. Further, however, apart from the present case applicant is having criminal history of two other cases including a case under Section 302 IPC but it reflects, in both the cases applicant is on bail. 14. Further, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history bail application of an accused should not be withheld. Further, bail application should not be dismissed for punitive purpose. 15. Further, in the present matter applicant is in jail since 17.05.2023 i.e. for last more than one and half years. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Deepu @ Deepak 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. 19. 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. 20. 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 :- 18.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad