Neutral Citation No. - 2025:AHC:87283 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16646 of 2025 Applicant :- Shahnawaz Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Manish Tiwari,Prabhakar Awasthi Hon'ble Sameer Jain,J. 1. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant, Sri Manish Tiwari, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.19 of 2025, under Sections 103 and 61(2) BNS, Police Station Hasanpur, District J.P.Nagar (Amroha) during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR along with co-accused Babita and Rehan but it is a case of circumstantial evidence and there is no eye witness account and it reflects that informant was having suspicion that co-accused Babita, the wife of the deceased was having illicit relationship with applicant and co-accused Rehan, therefore, he disclosed the name of applicant in the FIR along with others. 4. He further submits that entire prosecution case is based on evidence of last seen which allegedly given by witness Mahendra Singh and Narendra Kumar, who were close relatives of the deceased but their statements recorded during investigation which have been annexed along with the instant bail application do not appear to be reliable and no reliance can be placed on such version. 5. He further submits that except the above evidence of last seen and confessional statement of the applicant and statements of the co-accused recorded before the police there is no other evidence against the applicant on record. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 22.1.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the statement of Narendra Kumar, the cousin brother of the deceased, it reflects that on 11.1.2025 at about 4.00 AM in the morning he witnessed the applicant and co-accused Rehan along with the deceased and at this stage it cannot be said that he is not reliable witness. 8. They further submitted that it is a case in which applicant along with co-accused Rehan and Babita, who was the wife of the deceased, committed the murder of the deceased as he and co- accused Rehan were having illicit relationship with the wife of the deceased and, therefore, considering the totality of the facts and circumstances of the case, the instant bail application should be dismissed. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR but it is a case of circumstantial evidence and admittedly there is no eye witness account. Further except the evidence of last seen and the statements of co-accused and confessional statement of applicant before the Police, there is no other evidence against the applicant on record. 11. Further, as far as evidence of last seen is concerned, however two prosecution witnesses, namely, Mahendra Singh and Narendra Kumar tried to give evidence of last seen but this Court finds merit in the argument advanced by the learned counsel for the applicant that their statements do not appear to be convincing. 12. Further, even FIR of the present case was lodged after ten days. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 22.1.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Shahnawaz 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. 17. 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. 18. 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 :- 22.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad