Neutral Citation No. - 2025:AHC:83596 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15570 of 2025 Applicant :- Sovi Khan Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi,Shashi Bhushan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Janardan Prasad Tripathi, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, 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.55 of 2025, under Sections 103 (1) and 238 BNS, Police Station Sikandra, District Agra during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation through the statement of co-accused Ashiq Ali, who was his brother, he has been made accused in the present matter. 4. He further submits that except the statement of co-accused Ashiq Ali, there is no cogent evidence against the applicant on record. 5. He further submits that even from the perusal of the entire material available on record it reflects that co-accused Ashiq Ali, the brother of the applicant was the principal accused and it appears merely being his brother, Investigating Officer during investigation implicated the applicant. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 1.4.2025. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9 It is a case of circumstantial evidence and it appears that during investigation applicant has been made accused through the statement of named co-accused Ashiq Ali and it reflects that except the statement of co-accused and confessional statement of applicant, there is no other cogent evidence against the applicant on record. 10. Further, considering the fact that co-accused Ashiq Ali is the brother of the applicant, the argument advanced by the learned counsel for the applicant with regard to his false implication, cannot be completely ruled out at this stage. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 1.4.2025. 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-Sovi Khan 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 :- 19.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad