Neutral Citation No. - 2025:AHC:86114 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17397 of 2025 Applicant :- Hashim Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Adil Zamal, Advocate apprise the Court that he has filed his power on behalf of the informant in the Registry of this Court on 20.5.2025 i.e. yesterday and therefore, his name has not been shown in the cause list. However, he further submits that he is ready to argue the matter. 2. Heard Sri Irshad Ahmad, learned counsel for the applicant; Sri Sri Adil Zamal, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 49 of 2025, under Sections 103(1), 61(2), 3(5) BNS, Police Station Sambhal, District Sambhal, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to murder of the brother of the informant but during investigation after five days another brother of the deceased moved an application and in that application, he raised suspicion against applicant and on that basis applicant has been made accused in the present matter. 5. He further submitted that except suspicion and confessional statement of the applicant, there is no cogent and admissible evidence till date against the applicant record. 6. He further submitted that however, investigation of the case is still pending but as without any cogent and admissible evidence, applicant is detained in jail in the present matter, therefore, considering the provisions of Article 21 of Constitution of India, applicant can be released on bail. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.3.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments 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. It is a case of circumstantial evidence and nobody was named in the FIR but it reflects, during investigation when one brother of the deceased moved an application then applicant has been made accused in the present matter but from the application of brother of the deceased and his statement it reflects that he raised only suspicion against the applicant, therefore, it reflects except suspicion and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 11. Further, however, investigation of the case is still pending but this Court finds merit in the argument advanced by learned counsel for the applicant that as applicant is detained in jail in the present matter without any cogent and admissible evidence, therefore, considering the provision of Article 21 of the Constitution of India, his bail application should not be withheld. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 29.3.2025. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Hashim, 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. 16. 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. 17. 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 :- 21.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad