Neutral Citation No. - 2025:AHC:76806 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12840 of 2025 Applicant :- Sandeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Ojha Counsel for Opposite Party :- Deepak Kumar Singh,G.A.,Ram Pal Singh Hon'ble Sameer Jain,J. 1. Heard Sri Amarjeet Upadhyay, learned Advocate holding brief of Sri Sanjay Ojha, learned counsel for the applicant, Sri Deepak Kumar Singh, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2025, under Sections 103(1), 238, 3(5) B.N.S., Police Station Charwa, District Kaushambi during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to murder of the son of the informant but during investigation when the statement of Saif Waris was recorded then he stated that deceased was having love affair with Pooja and applicant is having connectivity with the father and brother of Pooja and they have committed the murder of the deceased. He further submits, admittedly Saif Waris was not an eye witness. 4. He further submits, actually the name of the applicant was disclosed in the present matter only because deceased was having love affair with Pooja and applicant resided in the same village and is having connectivity with the father and brother of Pooja. He further submits, except the statement of co-accused and confessional statement of the applicant there is no cogent evidence against the applicant on record. 5. He further submits, it is a case of circumstantial evidence but prosecution could not bring any cogent evidence against the applicant which can connect him with the instant crime. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 17.01.2025. 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, during investigation applicant has been made accused in the present matter through the statement of Saif Waris but after perusing his statement it reflects, he disclosed the name of applicant only because deceased was having love affair with Pooja and applicant is having connectivity with the father and brother of Pooja and it reflects, he was not an eye witness. 10. Further, however, it reflects, after the statement of Saif Waris when the statement of father of Pooja i.e. co-accused Jaglal was recorded then he also disclosed the name of applicant but it reflects, except the statement of co-accused and confessional statement of applicant there is no other evidence against the applicant on record. 11. Further, applicant was not having any motive to commit the alleged crime and he is not having any criminal history and in the present matter he is in jail since 17.01.2025. 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 - Sandeep Kumar 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 :- 12.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad