Neutral Citation No. - 2025:AHC:54702 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12194 of 2025 Applicant :- Sesh Nath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri R.K. Shahi, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 369 of 2024, under Sections 103(1), 3(5), 238 BNS and Section 4/25 Arms Act, Police Station Bhatni, District Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation when informant raised suspicion upon applicant who was maternal uncle of the deceased then he has been made accused in the present matter alongwith his wife. 4. He further submitted that as per prosecution when applicant was arrested then from his possession, one blood stained knife was recovered which he used in the present crime but in the absence of any corroborative evidence merely on the basis of above recovery, it cannot be said that applicant committed the alleged crime specially considering the fact that till date, the alleged recovered knife could not be connected with the instant crime. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 2.12.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and it reflects nobody was named in the FIR and during investigation on the basis of suspicion, applicant who is the maternal uncle of the deceased has been made accused in the present crime alongwith his wife. 9. Record, however, suggests that apart from the suspicion and confessional statement of the applicant, as per prosecution from the possession of the applicant, one blood stained knife was recovered which was allegedly used in the present crime but this Court finds merit in the argument advanced by learned counsel for the applicant that in absence of any corroborative evidence, at this stage merely on the basis of above recovery, it cannot be said that applicant committed the alleged crime specially considering the fact that till date, the alleged recovered knife could not be connected with the instant matter. 10. Further, in the present matter, applicant is in jail since 2.12.2024. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Sesh Nath Yadav, 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. 14. 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. 15. 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 :- 15.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad