Neutral Citation No. - 2025:AHC:89700 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17027 of 2025 Applicant :- Manoj Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2025, under Sections 103(1), 3(5) BNS & 4/25 Arms Act, Police Station- Barwapatti, District- Kushinagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, when the statement of one witness Manager Patel was recorded then he stated that he witnessed the applicant and co-accused Raj Karan while they were running from the temple and on the basis of his statement, applicant has been made accused in the present matter. 4. He further submitted that apart from the evidence given by witness Manager Patel, as per prosecution, applicant and co- accused Raj Karan also confessed their guilt before one Awadhesh Kumar Pandey but applicant never confessed his guilt before any one. He further submitted that even extra judicial confession is a weak piece of evidence. 5. He further submitted that it is a case of circumstantial evidence and there is no cogent and admissible evidence against the applicant on record. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 15.01.2025. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, FIR of the present case was lodged against unknown person with regard to murder of a priest of the temple but reflects, during investigation, applicant has been made accused in the present matter on the basis of last seen evidence given by one Manager Patel. 10. Record also suggests that as per prosecution, applicant also confessed his guilt before one Awadhesh Kumar Pandey and it reflects, except the above evidence, there is no other cogent evidence against the applicant on record. This Court finds merit in the argument advanced by learned counsel for the applicant that on the basis of above evidence, at this stage, it cannot be said that applicant involved in the present crime. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 15.01.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Manoj Sharma 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. 15. 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. 16. 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 :- 26.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad