Neutral Citation No. - 2025:AHC:48817 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10953 of 2025 Applicant :- Afjal Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Mohammed Shadan,Mohd. Aslam Hon'ble Sameer Jain,J. 1. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant; Sri Mohd. Aslam, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.345 of 2024, under Sections 103(1), 3(5) & 61(2)(ka) BNS, Police Station Nagla, District Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR along-with three others but admittedly informant of the case was not an eye-witness. 4. It is next submitted that during investigation, Investigation Officer recorded the statement of the witness-Rao Sahwar Chauhan, who claimed himself to be an eye-witness and according to him, due to the fire opened by co-accused Shadab @ Sonu, Amir and one unknown person, both the deceased died. 5. He next submitted that only circumstance against the applicant is that he had conversation with the co-accused person immediately after the incident and it appears with the aid of Section 61(2) BNS, he has been challaned in the present matter. 6. He next submitted that on the basis of above alleged conversation, at this stage, it cannot be said that applicant involved in the present crime along-with other accused persons. 7. He next submitted that applicant is having no criminal history and in the present matter, he is in jail in the present matter since 30.12.2024. 8. Per contra, learned A.G.A. as well as learned counsel for the informant however opposed the prayer for bail and submits that applicant is specifically named in the FIR and he was also having motive to commit the murder of both the deceased and immediately after the incident he had conversation with the other co-accused persons. 9. They further submits that it is a case of double murder and, therefore, applicant should not be released on bail. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, it is a case of double murder but it reflects, only circumstance against the applicant is that after the incident, he had conversation with the co-accused persons. 12. Further, from the statement of sole eye witness, it reflects, he did not disclose the name of the applicant and according to him, co-accused Shadab @ Sonu and Amir along-with one unknown person committed both the murders. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 30.12.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Afjal Ahmad, 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. 17. 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. 18. 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 :- 5.4.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad