Neutral Citation No. - 2025:AHC:92057 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14349 of 2025 Applicant :- Sachin Kumar Opposite Party :- State Of Up Thru Its Principal Secratary Home Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri V. P. Singh Kashyap, learned counsel for the applicant and Sri Santosh Nigam, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.282 of 2024, under Sections 103(1), 140(1), 238, 315 B.N.S., Police Station Kadarchowk, District Budaun, during pendency of the trial. 3. Learned counsel for the applicant submits that it is a case of circumstantial evidence and on the basis of evidence of last seen, applicant has been named in the FIR of the present case. 4. He further submits that except the evidence of last seen, there is no other evidence against the applicant on record. 5. He further submits that from the statements of the witnesses, it reflects, even evidence of last seen is not convincing. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 19.09.2024 i.e. for last more than eight months. 7. Per contra, learned AGA 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. However, applicant is named in the FIR but it reflects, it is a case of circumstantial evidence and except the evidence of last seen, there is no other evidence against the applicant on record. 10. Further, even evidence of last seen given by the witnesses, prima-facie, does not appear to be convincing. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 19.09.2024 i.e. for last more than eight months. 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- Sachin Kumar 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. 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 :- 27.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad