Neutral Citation No. - 2025:AHC:93553 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16115 of 2025 Applicant :- Fardeen Opposite Party :- State of U.P. Counsel for Applicant :- Byas Kumar Prasad,Mrityunjay Kumar Counsel for Opposite Party :- Anand Pati Tiwari,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Byas Kumar Prasad, learned counsel for the applicant; Sri Anand Pati Tiwari, learned counsel for the informant and Sri Dharmraj Pal, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 443 of 2024, under Sections 103(1), 238, 61(2) BNS, Police Station Kakod, District Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, he has been made accused through the statement of the co-accused and confessional statement of the applicant and it is a case of circumstantial evidence and except suspicion and statement of co-accused and confessional statement of applicant before police, there is no cogent evidence against the applicant on record. 4. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 4.1.2025. 5. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. It is a case of circumstantial evidence and it reflects during investigation applicant has been made accused in the present matter but record further suggests that except suspicion and statement of co-accused and confessional statement of the applicant before police, there is no evidence against the applicant on record. 8. Further, applicant is having no criminal history and he is in jail in the present matter since 4.1.2025. 9. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Fardeen, 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. 12. 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. 13. 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 :- 30.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad