Neutral Citation No. - 2025:AHC:84841 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14116 of 2025 Applicant :- Pratap Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Sarvesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Sarvesh Kumar, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 534 of 2024, under Sections 103(1), 126(1) BNS, Police Station- Nawabganj, District- Prayagraj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with two others but admittedly no one could see the real incident and it reflects, informant disclosed his name in the FIR on the basis of suspicion due to previous enmity. 5. He further submitted that except suspicion and confessional statement of the applicant, there is no evidence on record, which can suggest that applicant is the person, who committed the murder of the deceased along with others. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 08.12.2024. 7. Per contra, learned AGA however, 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. However, applicant is named in the FIR along with others and as per allegation, he along with others committed the murder of the deceased but it reflects, neither informant nor anyone could see the real incident and it appears, there is no eye-witness account and only due to suspicion, applicant has been made accused int he present matter. 10. Record also suggests that except suspicion, statement of co- accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 08.12.2024. 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- Pratap Gautam 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 :- 19.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad