Neutral Citation No. - 2025:AHC:74667 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15571 of 2025 Applicant :- Anil Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Tripathi,Manu Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Kuldeep Tripathi, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 67 of 2024, under Sections 302, 203, 404, 411, 34 IPC, Police Station Amroha Nagar, District Amroha during pendency of the trial. 3. Learned Senior Advocate appearing on behalf of the applicant submits, however, it is a case of double murder but it is a case in which informant of the case during investigation has been made accused along with his wife and when statement of the informant i.e. co-accused Ishank was recorded then he disclosed the name of applicant, therefore, name of applicant was surfaced in the present matter through the statement of co-accused Ishank. 4. He further submits, however, apart from the statement of co- accused and confessional statement of the applicant as per prosecution there is also evidence that applicant was seen while he was entering in the house on and before the date of incident but admittedly as applicant is servant of the informant of the case i.e. co-accused Ishank, therefore, this fact cannot be clinching evidence against the applicant. He further submits, except the above evidence there is no other evidence against the applicant on record. 5. He further submits, only being servant of co-accused Ishank, who lodged the FIR of the present case, applicant has been made accused in the present matter. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.02.2024 i.e. for last more than a year. 7. He further submits, even co-accused Mansi, the wife of the informant has been released on bail by the co-ordinate Bench of this Court vide order dated 16.12.2024 passed in Criminal Misc. Bail Application No. 43165 of 2024 and on facts, case of applicant is at better footing than her. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it is a case of double murder and it reflects, FIR of the present case was lodged by the son of one of the deceased namely Ishank but it reflects, during investigation even informant of the case namely Ishank has been made accused in the present matter along with his wife Smt. Mansi. 11. Record also suggests that applicant is servant of the informant i.e. co-accused Ishank and when his statement was recorded then he disclosed the name of applicant, therefore, name of applicant was surfaced through the statement of informant Ishank, who is now accused in the present matter. 12. Further, apart from the statement of co-accused and confessional statement of the applicant there is also evidence that on and before the date of incident applicant was witnessed while he was making entry in the house of the informant but as applicant is servant of the informant i.e. co-accused Ishank, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that this cannot be clinching circumstance against the applicant. Further, except the above evidences there is no other evidence against the applicant on record. 13. Further, from the bail rejection order, it reflects, co-accused Ishank i.e. informant of the case was the principal accused. 14. Further, co-accused Smt. Mansi, the wife of principal accused Ishank has been released on bail by the co-ordinate Bench of this Court. 15. Further, applicant is not having any criminal history and in the present matter he is in jail since 11.02.2024 i.e. for last more than a year. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Anil Gangwar 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. 19. 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. 20. 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 :- 8.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad