Neutral Citation No. - 2025:AHC:72784 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12995 of 2025 Applicant :- Sudhir Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey,Man Singh Verma Counsel for Opposite Party :- Ajay Kr. Srivastava,G.A.,Sanjay Kr. Srivastava Hon'ble Sameer Jain,J. 1. Heard Sri Avinash Pandey, learned counsel for the applicant, Sri Rahul Kumar Tiwari, learned Advocate holding brief of Sri Ajay Kumar Srivastava, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 757 of 2022, under Sections 302, 364, 394, 411, 201, 34 IPC and 4/25 Arms Act, Police Station Naubasta, District Kanpur Nagar during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case of circumstantial evidence and on the basis of false allegation applicant has been made accused in the present matter along with several others including co-accused Prem Kumar and Raju Prasad and after considering the entire facts of the case both the co- accused Prem Kumar and Raju Prasad have been released on bail by this Court and their bail orders have been annexed at page-112 of the paper-book. 4. He further submits, the case of applicant is exactly at par with above co-accused except the fact that as per prosecution when applicant was arrested then from his possession Aadhar card, PAN card of the deceased and one knife were recovered which was allegedly used in the crime. 5. He further submits, above recovery is false and planted one and merely on the basis of above recovery, it cannot be said that case of applicant is distinguishable from the above co-accused, who have been released on bail. 6. He further submits, applicant is not having any previous criminal history and in the present matter he is in jail since 21.01.2023. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 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 reflects, applicant has been made accused in the present matter along with co- accused Prem Kumar and Raju Prasad and both the co-accused have been released on bail by this Court and except recovery of Aadhar card, PAN card and one knife from the possession of applicant, the case of applicant is at par with them. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 21.01.2023 i.e. for last almost two and half years. 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 -Sudhir Tiwari 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 :- 6.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad