Neutral Citation No. - 2025:AHC:24818 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 941 of 2025 Applicant :- Ankur Opposite Party :- State of U.P. Counsel for Applicant :- Danish,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.326 of 2024, under Sections- 103(1), 238, 3(5) BNS, 2023, Police Station- Nagina, District- Bijnor, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 14.11.2024 against Vivek (non applicant) and one unknown person and according to the FIR, Vivek was the cousin brother of the informant and he had taken Rs. 7,00,000/- from the father of the informant but was not returning the same and on 12.11.2024, he has taken him and after committing the murder of his father, burned his dead body. 4. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation through the statement of co-accused Vivek, he has been made accused in the present matter and except the statement of the co-accused and confessional statement of the applicant, there is no other evidence against him on record. 5. He further submitted that however, earlier also in the year 2010, applicant was made accused in a case of dowry death but in that case after investigation, final report has been submitted which has been accepted by the trial court. 6. He Further submitted that applicant is not having any criminal history and in the present matter he is in jail since 16.11.2024 i.e. for last more than three months. 7. 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. 8. I have heard both the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that during investigation, applicant has been made accused in the present matter through the statement of the co-accused and except the statement of co-accused and his confessional statement, there is no other evidence against him on record and he was not having any motive to commit the crime and he is not having any criminal history and is in jail since 16.11.2024 i.e. for last more than three months, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Ankur 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 activities. 12. 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. 13. 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 :- 19.2.2025/Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad