Neutral Citation No. - 2025:AHC:65594 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10745 of 2025 Applicant :- Sompal Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Bhaskar Bhadra, learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.122 of 2017, under Sections 302, 34 I.P.C., Police Station Aliganj, District Bareilly, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, applicant is brother of the deceased but on the basis of false allegation, he has been made accused in the present matter. 5. He further submits that except the statement of the co-accused, there is no other evidence against the applicant on record. 6. He further submits that however, present case is of the year 2017 and applicant surrendered before the court concerned in the month of December, 2024 but he is not an absconder. 7. He further submits that actually applicant had gone to Himanchal Pradesh for his livelihood and he started living there and after seven years when he returned then he came to know that he has been made accused in the present matter. 8. He further submits that applicant is ready to give an undertaking that if he will be enlarged on bail then he regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial. 9. He further submits that due to the absence of applicant, the trial of the other accused was separated and after trial, they have been acquitted. 10. He further submits that however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and all the cases were of minor offences. 11. He further submits that applicant is in jail in the present matter since 24.12.2024. 12. Per contra, learned A.G.A. however, opposed the prayer for grant of bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 13. I have heard learned counsel for both the parties and perused the record of the case. 14. However, it reflects, applicant surrendered before the court concerned after about seven years but considering the averment made in para four of the supplementary affidavit filed in support of the instant bail application that he had gone to Himanchal Pradesh for his livelihood and he could not become aware about his involvement in the present case cannot be ruled out considering the fact that during investigation, he has been made accused in the present matter. 15. Further, as far as merit of the present case is concerned, it appears to be a case of circumstantial evidence and however, as per prosecution, applicant committed the murder of his brother alongwith others but it reflects, name of the applicant was disclosed during investigation through the statement of co-accused and except statement of co-accused, there is no other evidence against him on record. 16. Further, due to the absence of applicant, the trial of the other accused was separated and after trial, they have been acquitted. 17. Further, learned counsel for the applicant has given an undertaking that if applicant will be enlarged on bail then he regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial. 18. Further, applicant is in jail in the present matter since 24.12.2024. 19. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 21. Let the applicant- Sompal, 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. 22. 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. 23. 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 :- 28.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad