Neutral Citation No. - 2025:AHC:81009 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15761 of 2025 Applicant :- Vijay Singh Alias Banti Opposite Party :- State of U.P. Counsel for Applicant :- Aryan Srivastava,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Shailesh Upadhyay Advocate filed his power on behalf of the informant, which is taken on record 2. Heard Prakash Chandra Srivastava, learned counsel for the applicant; Sri Shailesh Upadhyay, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 91 of 2025, under Sections 61(2), 103(1), 238, 318(4), 338, 336(3), 340(2) IPC, Police Station Kotwali, District Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and FIR of the present case was lodged on the basis of suspicion against three persons (non applicant) but during investigation through the information furnished by the police informer name of the applicant was surfaced in the present matter. 5. He further submitted that except confessional statement of the applicant before police and statements of named co-accused persons Ravinder Singh and Harikesh Chauhan before police, there is no cogent and admissible evidence against the applicant on record. 6. He further submitted that however, it is a case of circumstantial evidence but applicant was not even having any motive to commit murder of the deceased and as per prosecution motive was against co-accused Ravinder Singh and Harikesh Chauhan who were named in the FIR. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 21.2.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that except statement of co-accused and confessional statement of the applicant, there is no cogent and admissible evidence against the applicant on record. 9. They further could not dispute the fact that even motive of crime was against co-accused Ravinder Singh and Harikesh Chauhan. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and it reflects that during investigation, applicant has been made accused in the present matter. 12. Record also suggest that except statement of co-accused persons and confessional statement of the applicant before police, there is no other cogent and admissible evidence against the applicant on record. 13. Further, however, it is a case of circumstantial evidence but it appears, applicant was not having motive to commit the alleged crime. The motive was against co-accused Ravinder Singh and Harikesh Chauhan. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 21.2.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Vijay Singh Alias Banti, 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. 18. 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. 19. 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 :- 16.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad