Neutral Citation No. - 2025:AHC:50761 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11449 of 2025 Applicant :- Sannu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar,Ajay Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajai Kumar, learned counsel for the applicants and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 02 of 2025, under Sections 103(1), 3(5) B.N.S., Police Station Faiz Ganj Behata, District Budaun during pendency of the trial. 3. Learned counsel for the applicants submits, applicants were not named in the FIR and FIR of the present case was lodged against four persons but during investigation after exonerating the named accused persons, applicants have been made accused in the present matter on the ground that they were having motive to commit instant crime. 4. He further submits, except motive and bald allegation there is no cogent evidence against the applicants on record which can connect them with the instant crime. 5. He further submits, applicant is no.1 is having criminal history of one another case but that case relates to minor offence and his criminal history has been explained in the instant bail application and applicant no.2 is not having any criminal history and in the present matter they are in jail since 03.02.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it reflects, applicants were not named in the FIR but during investigation they have been made accused in the present matter through the information furnished by the police informer after 22 days after exonerating the named accused and it reflects, except the bald and verbal allegation there is no cogent evidence against them on record. 9. Further, applicant no.2 is not having any criminal history and however, applicant no.1 is having criminal history of one another case but that case relates to minor offence. 10. Further, applicants are in jail since 03.02.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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 applicants - Sannu and Ganga Sahay 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 8.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad