Neutral Citation No. - 2025:AHC:49590 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11274 of 2025 Applicant :- Shailendra Patel Alias Dara Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Kumar Singh,Surendra Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 124 of 2024, under Sections 302 IPC, Police Station Mau Aima, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the murder of a lady and during investigation after more than 8 months, applicant has been made accused in the present matter through the information furnished by police informer. 4. He further submitted that as per prosecution when applicant was arrested then he confessed his guilt and from his possession mobile phone of the deceased was recovered. 5. He further submitted that except the above evidence, there is no other evidence against the applicant on record. 6. He further submitted that on the basis of above evidence, it cannot be said that applicant committed the murder of the deceased. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 2.3.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 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 it appears name of the applicant was surfaced in the present matter after eight months through the information given by police informer and it reflects that except his confessional statement and recovery of mobile phone of the deceased from his possession there is no other evidence against the applicant on record. Considering the fact that recovery of the alleged mobile was made after several months this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of such recovery, at this stage, it cannot be said that applicant committed the murder of the deceased. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 2.3.2025. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Shailendra Patel Alias Dara, 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. 15. 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. 16. 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 :- 7.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad