Neutral Citation No. - 2025:AHC:38840 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14658 of 2024 Applicant :- Sufiyan Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15810 of 2024 Applicant :- Mahtab Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Both these connected matters arose from the same FIR and, therefore, they are being disposed of by the common order. 2. Counter affidavit filed by the State in case of applicant-Sufiyan and supplementary affidavit filed by applicant in case of applicant- Mahtab are taken on record. 3. Heard Sri Anand Pati Tiwari, learned counsel for the applicants and Sri Manav Chaurasiya, learned AGA for the State-respondent. 4. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 702 of 2023, under Sections 302, 201 IPC, Police Station- Muradnagar, District- Ghaziabad, during pendency of the trial in the court below. 5. Learned counsel for the applicants submitted that on the basis of their confessional statements, recovery of some belongings of the deceased and recovery of a cloth, which alleged to have been used in the instant crime, applicants have been made accused in the present matter and except the above evidences, there is no other evidence against the applicants on record. 6. He further submitted that merely on the basis of above evidences, at this stage, it cannot be said that applicants committed the murder of the deceased, especially considering the fact that above recovery has been made from an open place, accessible to all. 7. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 18.12.2023 i.e. for last more than a year. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it reflects, applicants have been made accused in the present matter on the basis of their confessional statements. However, as per allegation, on their pointing out, some belongings of the deceased and one cloth, which alleged to have been used in the crime, were recovered but considering the fact that the above recovery was made from an open place, accessible to all, the argument advanced by learned counsel for the applicants cannot be completely ruled out. 11. Further, record also suggests that except the above evidences, there is no cogent evidence against the applicants on record and considering this fact, this Court finds merit in the argument advanced by learned counsel for the applicants that without any corroborative evidence, merely on the basis of above evidences, it cannot be said that applicants committed the murder of the deceased. 12. Further, applicants are not having any criminal history and they are in jail in the present matter since 18.12.2023 i.e. for last more than a year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are 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 applicants- Sufiyan and Mahtab 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 18.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad