Neutral Citation No. - 2025:AHC:80253 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11517 of 2025 Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Kumar Yadav,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri N.I.Jafri, learned Senior Advocate assisted by Smt.Swati Agarwal Srivastava, learned counsel for the applicant, Sri Kaushal Misra, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0534 of 2024, under Sections 103(1) and 61(2) BNS and Section 35 Arms Act, Police Station Dhampur, District Bijnor during pendency of the trial. 3. Learned senior counsel appearing on behalf of the applicant submits that however, applicant is named in the FIR along with co-accused Preeti, i.e., wife of the deceased and as per allegation he was having illicit relationship with co-accused Preeti and therefore he and co-accused Preeti committed the murder of deceased but informant of the case was not the eye witness. 4. He further submits that however, from the record it reflects that along with the deceased at the time of incident on his motorcycle witnesses Kaushal and Amit were also sitting but when their statements were recorded during investigation then they did not disclose the name of any accused persons. 5. He further submits that it is a case in which except suspicion there is no cogent evidence against the applicant on record. He further submits that motive and suspicion cannot take place of proof. 6 He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 21.11.2024, i.e., for the last more than five months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant was having illicit relationship with the wife of the deceased and, therefore, he hatched the conspiracy of his murder and he along with co-accused Preeti, i.e., wife of the deceased hired co-accused Sachin and co-accused Sachin was the person, who committed murder of the deceased by causing fire arm injury to him. They however could not dispute the fact that except the statement of co- accused and confessional statement of the applicant, there is no cogent evidence in this regard on record. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant was having illicit relationship with the wife of the deceased and he along with her committed the murder of the deceased by hiring others but it reflects that except bald and verbal allegation, there is no cogent evidence that applicant involved in commission of the alleged crime and considering this fact, the argument advanced by the learned counsel for the applicant that only due to suspicion applicant has been made accused in the present matter cannot be ruled out at this stage. 10. Further, there is no cogent and admissible evidence of even conspiracy against the applicant on record. 14. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 21.11.2024, i.e., for the last more than five months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Sanjay 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. 18. 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. 19. 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 :- 14.5.2025/SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad