Neutral Citation No. - 2025:AHC:68815 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13550 of 2025 Applicant :- Haidar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Raghvendra Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Raghvendra Yadav, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 263 of 2024, under Sections 103(1) B.N.S., Police Station Utraon, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation applicant has been made accused in the present matter. He further submits, as per prosecution, mobile phone and slipper of the applicant were recovered from the place where dead body of the deceased was lying. 4. He further submits, as per prosecution, when applicant was arrested then on his pointing out a spade, which alleged to have been used in the crime was also recovered and except the above evidence there is no other evidence on record. He next submits, on the basis of above evidence, at this stage, it cannot be said that applicant involved in the present crime. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 02.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that except the above evidence disclosed by the learned counsel for the applicant there is also one fact which is against the applicant i.e. motive of the crime but they fairly conceded except the evidence disclosed by learned counsel for the applicant there is no other evidence against the applicant on record. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter and it reflects, apart from the motive as per prosecution mobile phone and slipper of the applicant were found near the place where dead body was found and as per prosecution on the pointing out of the applicant, the recovery of a spade was also made which allegedly used in the crime but considering the entire material available on record including recovery memo, the argument advanced by learned counsel for the applicant that merely on the basis of above evidence including recovery, it cannot be said that applicant involved in the present crime, cannot be ruled out. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 02.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Haidar Ali 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. 13. 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. 14. 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 :- 1.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad