Neutral Citation No. - 2025:AHC:41543 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9386 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Akash Pundir,Pawan Singh Pundir Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri P.S. Pundir, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 233 of 2023, under Sections 302/34 IPC, Police Station Bargaon, District Saharanpur during pendency of the trial. 4. Learned counsel for the applicant submits, it is a case of circumstantial evidence and nobody was named in the FIR but during investigation after two days from the lodgement of the FIR son of the deceased moved an application to the police disclosing the fact that his uncle Jitendra @ Darshan confessed his guilt before him that he with the help of applicant and co-accused Sanni committed the murder of his father and on the basis of application dated 02.12.2024 moved by the son of the deceased, applicant has been made accused in the present matter along with co-accused Jitendra @ Darshan and Sanni. 5. He further submits, except the extra judicial confession of co- accused Jitendra @ Darshan, statement of co-accused and confessional statement of the applicant there is no other cogent evidence against the applicant on record. 6. He further submits, co-accused Jitendra @ Darshan and Sanni have already been released on bail by the co-ordinate Bench of this Court and their bail orders have been annexed at pages-58 & 62 of the paper-book and case of applicant is at par with them. 7. He further submits, however, apart from the present case applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application. He further submits, in the present matter applicant is in jail since 12.12.2023 i.e. for more than a year. 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. It is a case of circumstantial evidence and it reflects, during investigation, applicant has been made accused in the present matter but record also suggests that except the extra judicial confession of co-accused Jitendra @ Darshan, confessional statement of the applicant and statement of co-accused, there is no other evidence against the applicant on record. 11. Further, bail application of co-accused Jitendra @ Darshan and Sanni have been allowed by the co-ordinate Bench of this Court and on merit case of applicant is at par with them. 12. Further, however, apart from the present case applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application. 13. Further, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of accused his bail application should not be withheld. 14. Further, in the present matter applicant is in jail since 12.12.2023 i.e. for more than a year. 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 - Ajay 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