Neutral Citation No. - 2025:AHC:94104 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14655 of 2025 Applicant :- Kanha @ Devendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.,Mohammad Zakir Hon'ble Sameer Jain,J. 1. Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant, Sri Kunwar Tejendra Bahadur, learned A.G.A. for the State-respondent and Sri Mohammad Zakir, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0303 of 2024, under Sections 103(1), 3(5) B.N.S., Police Station Lodha, District Aligarh, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith with others but admittedly nobody could see the real incident and it is a case of circumstantial evidence and merely on the basis of suspicion, applicant has been made accused in the present matter. 4. He further submits that except the statement of co-accused and confessional statement of the applicant, I.O. could not collect any cogent and admissible evidence against the applicant. 5. He further submits that alongwith applicant, co-accused Nepal Singh has also been made accused in the present matter and he has been released on bail by this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No.16384 of 2025 and on facts case of applicant is at par with him. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 06.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it reflects, except the statement of co-accused and confessional statement of the applicant, there is no cogent and admissible evidence against the applicant on record. 10. Further, co-accused Nepal Singh, who has also been made accused in the present matter alongwith the applicant, has been released on bail by this Court vide order dated 09.04.2025 and on facts case of applicant is at par with him. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 06.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Kanha @ Devendra Singh 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 her 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. 15. 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. 16. 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 :- 30.5.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad