Neutral Citation No. - 2025:AHC:90444 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10591 of 2025 Applicant :- Lavi Alias Lav Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- Jitendra Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shikhar Awasthi, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 448 of 2024, under Sections 103(1), 3(5) B.N.S., Police Station- Gulawathi, District- Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted however, applicant is named in the FIR along with co-accused Bunty but admittedly informant of the case was not the eye witness. 4. He further submitted, it is the case of circumstantial evidence and there is no eye witness account and however, there is an evidence on record that after the incident, co-accused Bunty informed one Navneet that applicant committed the murder of the deceased but as this information was given by co-accused, therefore, it is not admissible with regard to the applicant. 5. He further submitted however, as per prosecution, when applicant and co-accused Bunty was arrested then on the pointing out of the applicant, one jersey of the applicant was recovered but that recovery was made after four days and even merely on the basis of that recovery, it cannot be said that the applicant involved in the present crime. 6. He further submitted that co-accused Bunty has already been released on bail by this Court vide order dated 12.05.2025 passed in Criminal Misc. Bail Application No.13833 of 2025. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 03.12.2024. 8. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail and submitted that as there is call recording of the co-accused Bunty, in which, he categorically stated to Navneet that applicant committed the alleged murder, therefore, it cannot be said that the applicant is innocent and, therefore, considering this fact, applicant should not be released on bail. 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 however as per prosecution, immediately after the incident, co-accused Bunty informed the witness Navneet that applicant committed the murder of the deceased and there is also call recording of the same on record but this Court finds merit in the argument advanced by the learned counsel for the applicant that as this fact was disclosed by co-accused, therefore it is not admissible against the applicant considering the provisions of Indian Evidence Act. 11. Further, however, apart from the above evidence, as per prosecution, when applicant was arrested then, on his pointing out his jersey was also recovered, which he wore at the time of incident, but in view of this Court merely on this basis, at this stage, it cannot be said that the applicant involved in the present crime. 12. Further, co-accused Bunty has already been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 03.12.2024. 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- Lavi @ Lav Chaudhary 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 :- 27.5.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad