Neutral Citation No. - 2025:AHC:74306 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14575 of 2025 Applicant :- Arvind Kumar @ Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohammed Jafer Husain Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Syed Mohammed Jafer Husain, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.4 of 2025, under Sections 191(2), 103(1) and 238 (A) BNS, Police Station Thariyaon, District Fatehpur during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR along with others and as per allegation he and other accused committed the murder of the son of the informant but it appears that informant was not the eye witness and without any evidence merely on the basis of suspicion, he lodged FIR of the present case against the applicant and others. 5. He further submits that it is a case of circumstantial evidence and only circumstance against the applicant is that from the CDR of the applicant the location of his mobile phone was found near the place of incident where dead body of the deceased was found but as applicant is resided in the village where dead body was found, therefore, this fact cannot be clinching circumstance against the applicant. 6. He further submits that except the above fact and confessional statement of the applicant and the statement of co-accused, there is no cogent evidence against the applicant on record. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 9.1.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR but it is a case of circumstantial evidence and as per prosecution the location of the mobile phone of the applicant was found near the place where dead body of the deceased was recovered but considering the fact that applicant is the resident of that place where the dead body was found, the argument advanced by the learned counsel for the applicant in this regard cannot be ruled out. 11. Further, apart from the above evidence and the statement of co- accused and the confessional statement of the applicant, it appears that there is no other evidence against the applicant on record. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 9.1.2025. 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-Arvind Kumar @ Sanjay 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 :- 8.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad