Neutral Citation No. - 2025:AHC:49293 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11251 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant and Sri Santosh Pandey, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.167 of 2024, under Sections 103(1), 3(5) BNS, Police Station Ajanar, District Mahoba, 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 the jeth of the informant and during investigation, applicant has been made accused through his confessional statement and except the confessional statement of the applicant, there is no other evidence against the applicant on record. 4. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.8.2024 i.e. for last more than 7 months. 5. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of two other cases including cases under section 109 BNS and Arms Act but he fairly conceded that applicant was not having any previous criminal history and when he was arrested in the present matter then simultaneously in both the cases, he has been made accused. 6. He could not dispute the other 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. From the record it reflects that nobody was named in the FIR but during investigation applicant has been made accused in the present matter and it appears except the confessional statement of the applicant, there is no other evidence against the applicant on record. 9. Further, however, it reflects that apart from the present case, applicant is also having criminal history of two other cases but he was not having any previous criminal history and it appears in both the above cases, relate to offences under section 109 BNS and under provisions of Arms Act he has been made accused when he was arrested in the present matter. 10. Further in the present matter, applicant is in jail since 29.8.2024 i.e. for last more than 7 months. 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-Rahul, 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 :- 7.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad