Neutral Citation No. - 2025:AHC:12832 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 352 of 2025 Applicant :- Farookh @ Gurjar Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashfaq Ahmed Ansari, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 269 of 2024, under Sections 103(1), 61(2), 238 B.N.S., Police Station Saroorpur, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submitted that it is case of circumstantial evidence and applicant was not named in the FIR and during investigation with the aid of Section 61(2) B.N.S. he has been made accused in the present matter. He further submits, even there is no cogent evidence of conspiracy against the applicant on record. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.12.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the fact that it is a case of circumstantial evidence and during investigation applicant has been made accused with the aid of Section 61(2) B.N.S. and it appears, even there is no cogent evidence of conspiracy against him on record and he is in jail since 07.12.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Farookh @ Gurjar 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. 10. 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. 11. 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 :- 24.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad