Neutral Citation No. - 2025:AHC:80799 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16384 of 2025 Applicant :- Nepal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Beenu Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kumar Beenu Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 303 of 2024, under Sections 103(1), 3(5), 61(2) B.N.S., Police Station Lodha, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with three others but admittedly informant was not an eye witness and it appears, merely on the basis of suspicion he has been made accused in the present matter along with others. 4. He further submits, during investigation, as per allegation it was revealed that applicant hatched conspiracy of instant crime but there is no cogent evidence of conspiracy against the applicant on record and only bald and verbal allegation has been made against the applicant that he hatched the conspiracy. 5. He further submits, however, apart from the present case applicant is having criminal history of two other cases but both the cases relate to minor offence. 6. He further submits, in the present matter applicant is in jail since 11.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR along with three others but it appears, without any evidence on the basis of suspicion he has been made accused in the present matter. 10. Further, there is no eye witness account and entire evidence is based on circumstantial evidence. 11. Further, record suggests that as per prosecution applicant hatched the conspiracy but it reflects, except the bald and verbal allegation of conspiracy there is no cogent evidence in this regard on record. 12. Further, however, apart from the present case applicant is having criminal history of two other cases but both the cases relate to minor offence. 13. Further, in the present matter applicant is in jail since 11.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, 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 - Nepal 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 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 :- 15.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad