Neutral Citation No. - 2025:AHC:36737 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1234 of 2025 Applicant :- Arjun Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Dubey, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 424 of 2022, under Sections 302, 201 IPC, Police Station- Malpura, District- Commisnerate Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and after more than two years, on the basis of alleged extrajudicial confession of the applicant, applicant has been made accused in the present matter. 4. He further submitted that however, apart from the extrajudicial confession and confessional statement of the applicant, there is also evidence against the applicant that location of his mobile phone was found along with the mobile of the deceased and he made conversation with the deceased but as applicant was friend of the deceased, therefore, merely on the basis of CDR report, it cannot be said that applicant involved in the present crime. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 14.03.2024 i.e. for last one year. 6. 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. 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 it appears, after about two years, applicant has been made accused in the present matter through his alleged extrajudicial confession and however, it reflect, during investigation, it was also revealed that applicant made conversation with the deceased and even location of his mobile phone was also found along with the mobile of deceased but considering the fact that applicant was friend of the deceased, the submission advanced by learned counsel for the applicant in this regard, cannot be completely ruled out at this stage. 9. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 24.03.2024 i.e. for last one year. 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- Arjun 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 :- 12.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad