Neutral Citation No. - 2025:AHC:78540 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14049 of 2025 Applicant :- Sunil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Nasira Adil, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 162 of 2024, under Sections 103(1), 238, 3(5) B.N.S., Police Station Sahayal, District Auraiya during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against the husband of the deceased and his family members and during investigation after two months when the statement of one Megha was recorded then very casually she disclosed the name of applicant. She further submits, the statement of Megha has been annexed at page-44 of the paper-book and even from her statement complicity of the applicant could not be revealed. She next submits, there is no evidence against the applicant which can connect him with the instant crime. 4. She further submits, co-accused Sanju Yadav, who was the driver of the husband of the deceased, has been released on bail by this Court vide order dated 02.05.2025 passed in Criminal Misc. Bail Application No. 3985 of 2025 and on facts case of applicant is at better footing than him. 5. She further submits, however, applicant is having criminal history of three cases but his criminal history has been explained in the instant bail application and out of three cases one case relates to offence under Section 307 IPC in which he has already been acquitted and remaining two cases relate to minor offences. 6. She further submits, in the present matter applicant is in jail since 24.01.2025. 7. Per contra, learned AGA 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. From the record, it reflects, during investigation applicant has been made accused in the present matter after two months through the statement of one Megha but considering the statement of Megha recorded during investigation, the argument advanced by learned counsel for the applicant that very casually this witness disclosed the name of applicant, cannot be ruled out at this stage. 10. Further, record suggests that co-accused Sanju Yadav, the driver of the husband of the deceased has been released on bail by this Court and on facts, case of applicant is at better footing than him. 11. Further, however, applicant is having criminal history of three cases but his criminal history has been explained in the instant bail application and out of three cases one case relates to offence under Section 307 IPC in which he has already been acquitted and remaining two cases relate to minor offences. 12. Further, in the present matter applicant is in jail since 24.01.2025. 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 - Sunil Yadav 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 :- 13.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad