Neutral Citation No. - 2025:AHC:82818 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15889 of 2025 Applicant :- Shakib Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Satish Sharma, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 75 of 2023, under Sections 302 IPC, Police Station Naini, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, nobody was named in the FIR but after one and half years applicant has been made accused in the present matter on the basis of information given by police informer along with one another accused. 4. He further submits, except the confessional statement of the applicant and statement of co-accused and the fact that on the pointing out of applicant and co-accused, mobile phone of the deceased was recovered from the house of another accused, there is no other evidence against the applicant on record. 5. He further submits, merely on the basis of above evidences, it cannot be said that applicant committed the murder of the deceased. 6. He further submits, however, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application. 7. He further submits, in the present matter applicant is in jail since 05.08.2024 i.e. for last more than nine months. 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. Considering the argument advanced by learned counsel for the applicant and the fact that prima facie it appears, there is no cogent and admissible evidence against the applicant on record which can connect him with the instant crime and his criminal history of two cases has been explained in the instant bail application and in the present matter applicant is in jail since 05.08.2024 i.e. for last more than nine months, in my view, applicant is entitled to be released on bail. 11. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Shakib Ansari 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. 13. 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. 14. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad