Neutral Citation No. - 2025:AHC:83949 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16139 of 2025 Applicant :- Sahjad Alias Hannan Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Vinod Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 39 of 2025, under Sections 124(1), 61(2)A B.N.S., Police Station Kotwali Dehat, District Bulandshahar during pendency of the trial. 4. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation when the statement of injured was recorded then she raised suspicion against applicant, who was her Devar and thereafter applicant has been made accused in the present matter with the aid of Section 61(2) B.N.S. He further submits, except suspicion there is no evidence on record. 5. He further submits, during investigation injured of the case herself filed an affidavit and stated that applicant was not involved in the present case. 6. He further submits, however, apart from the present case applicant is having criminal history of one another case 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 18.01.2025. 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, nobody was named in the FIR but it reflects, during investigation when the statement of injured was recorded then applicant has been made accused in the present matter but from her statement, which has been annexed along with instant bail application, it reflects, she only raised suspicion against applicant, who is her Devar. 11. Further, it reflects, except suspicion there is no cogent evidence against the applicant, which can suggests that applicant hatched conspiracy. 12. Further, from the record, it reflects, even during investigation injured filed her affidavit before the Investigating Officer and stated that applicant was not involved in the present crime. 13. Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 14. Further, in the present matter applicant is in jail since 18.01.2025. 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 - Sahjad @ Hannan 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 :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad