Neutral Citation No. - 2025:AHC:50153 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11398 of 2025 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Maurya,Ram Raj Prajapati Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dinesh Kumar Maurya, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 556 of 2024, under Sections 103(2), 238, 309(6), 61(2), 127(2), 3(5) BNS, Police Station Akbarpur, District Kanpur Dehat, 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 co-accused Kallu and unknown persons with regard to the murder of the brother of the informant and during investigation applicant has been made accused in the present matter on the basis of statement of named co-accused Kallu and except the statement of the co-accused Kallu and confessional statement of the applicant there is no other cogent evidence against the applicant on record. 4. He further submitted that it is case of circumstantial evidence and however, after investigation charge sheet has been submitted but there is no evidence on record against the applicant which can connect him with the instant case. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 16.1.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that only evidence against the applicant is the statement of co-accused Kallu and his confessional statement. 7. Learned AGA further could not dispute the fact that charge sheet in this case has been filed and applicant is having no other criminal history to his credit. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it appears during investigation applicant has been made accused through the statement of co-accused and except the statement of co-accused and his confessional statement, there is no other evidence against the applicant on record. 10. Further, charge sheet in this case has been filed after investigation. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 16.1.2025. 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-Devendra 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 :- 8.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad