Neutral Citation No. - 2025:AHC:79550 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13209 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Pravin Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pravin Kumar, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 144 of 2022, under Sections 302, 120-B, 34 IPC, Police Station- Niwadi, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation through the statement of co-accused, he has been made accused in the present matter. 4. He further submitted that from the record, it reflects, informant i.e. wife of the deceased was the sole eye-witness and she in the FIR and in her statement recorded during investigation categorically stated that co-accused Gaurav and Monu by causing fire-arm injury committed the murder of her husband. 5. He further submitted that except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 6. He further submitted that however, apart form the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and he is in jail in the present matter since 05.08.2022 i.e. for last more than two and half years. 7. Per contra, learned AGA opposed the prayer for bail and submitted that actually apart form the present case, applicant is having criminal history of three other cases but he fairly conceded, the third unexplained case relates to the provisions of Arms Act, in which, he has been made accused when he was arrested in the present matter. He could not dispute the other 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. However, it reflects, apart form the present case, applicant is having criminal history of three other cases and he explained criminal history of only tow cases but it also reflects, the unexplained case relates to provisions of Arms Act and it appears, when he was arrested in the present matter then he has been made accused in that case. 10. Further, as far as merit of the present case is concerned, applicant was not named in the FIR and during investigation through the statement of co-accused, he has been made accused in the present matter and it reflects, except the statement of co- accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 11. Further, record also suggests, informant of the case i.e. wife of the deceased was the sole eye-witness and according to her, co- accused Gaurav and Monu by causing fire-arm injury committed the murder of her husband. 12. Further, applicant is in jail in the present matter since 05.08.2022 i.e. for last more than two and half years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Sonu 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. 16. 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. 17. 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 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad