Neutral Citation No. - 2025:AHC:75786 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13630 of 2025 Applicant :- Priyam Pal Alias Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Chandra Prakash Pandey, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 365 of 2024, under Sections 103, 238 BNS, Police Station Kotwali Fatehgarh, District Farrukhabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR and during investigation applicant has been made accused in the present matter on the ground that he was having illicit relationship with the wife of the deceased but except the statement of co-accused i.e. wife of the deceased and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 4. He further submitted that it is a case of circumstantial evidence and except the statement of co-accused and confessional statement of the applicant there is no evidence on record which can connect the applicant with the instant crime. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 14.3.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 during investigation applicant has been made accused in the present matter on the ground that he was having illicit relationship with the wife of the deceased and therefore, applicant alongwith the wife of the deceased committed his murder but except the statement of the co- accused i.e. wife of the deceased and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 9. Further, applicant is having no criminal history and he is in jail in the present matter since 14.3.2025. 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-Priyam Pal Alias Shivam, 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 :- 9.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad