Neutral Citation No. - 2025:AHC:93266 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17619 of 2025 Applicant :- Sunil Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Tomar Counsel for Opposite Party :- G.A.,Quasim Khan,Shams Uz Zaman Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Singh Tomar, learned counsel for the applicant, Sri Shams Uz Zaman, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2025, under Sections 103(1), 61(2), 238(A) B.N.S., Police Station Chaprauli, District Baghpat during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant involved in the murder of the son of the informant along with others but it is a case of circumstantial evidence and nobody was named in the FIR and during investigation applicant has been made accused in the present matter on the basis of statement of co-accused and except the statement of co-accused and confessional statement of the applicant before police, there is no cogent and admissible evidence against the applicant on record. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 27.02.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that son of the informant has been brutally murdered and there is allegation that applicant along with others committed his murder but they fairly conceded except statement of co-accused and confessional statement of applicant before police there is no other evidence against the applicant on record. 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 through the statement of co-accused and it reflects, except statement of co-accused and confessional statement of applicant before police there is no other evidence against the applicant on record. 8. Further, applicant is not having any criminal history and in the present matter he is in jail since 27.02.2025. 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 - Sunil Tyagi 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad