Neutral Citation No. - 2025:AHC:41146 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12937 of 2024 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Santosh Kumar Tiwari,Shyam Lal,Shyam Sundar Sharma Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari Hon'ble Sameer Jain,J. 1. None appeared on behalf of informant even in revised call. 2. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 235 of 2023, under Section 302 IPC, Police Station- Gajraula, District- Amroha, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and except the evidence of last seen, there is no cogent evidence against the applicant on record and even evidence of last seen appear to be unconvincing. 5. She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.04.2023 i.e. for last almost two years. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument 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. However, there is evidence of last seen against the applicant but it appears, except the evidence of last seen, there is no other evidence against the applicant on record and it is a case of circumstantial evidence and there is no eye-witness account and applicant is not having any criminal history and he is in jail in the present matter for last almost two years, therefore, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Dharmendra 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. 11. 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. 12. 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 :- 20.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad