Neutral Citation No. - 2025:AHC:81991 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14653 of 2025 Applicant :- Sonu Alias Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajneesh Kumar Upadhyay, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.177 of 2021, under Sections 302,201, 364 and 34 IPC, Police Station Baghpat, District Baghpat during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant and co-accused Amit Thakur had taken the son of the informant from his house and subsequently his dead body was found in the house of co-accused Amit Thakur but entire allegation levelled against the applicant is totally false and baseless. 4. He further submits that except the evidence of last seen there is no cogent evidence against the applicant on record. 5. He further submits that there is no evidence which can suggest that applicant was also last seen along with the deceased and co- accused Amit Thakur either while he was entering into the house of co-accused Amit Thakur or was coming out from his house or even he was seen near his house. 6. He further submits that except the allegation made in the FIR and the statement of the informant even there is no evidence of last seen against the applicant. 7. He further submits, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 8. He further submits that applicant is in jail in the present matter since 7.9.2021, i.e., for the last more than three and half years. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant along with co-accused Amit Thakur committed the murder of the deceased but it is a case of circumstantial evidence and dead body of the deceased was found in the house of co-accused Amit Thakur and it appears that except the evidence of last seen which was given by the informant there is no other evidence against the applicant on record. 12. Further, however, apart from the present case applicant is also having criminal history of one another case but his criminal history has been explained in the instant bail application. 13. Further, in the present matter applicant is in jail since 7.9.2021, i.e., for the last more than three and half years. 14. Therefore, considering the facts and circumstances of the case discussed above, particularly long incarceration of the applicant of more than three and half years, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Sonu @ Abhishek 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. 17. 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. 18. 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 :- 17.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad