Neutral Citation No. - 2025:AHC:89963 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17083 of 2025 Applicant :- Jagdish Alias Jagmohan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vikas Singh, learned counsel for the applicants and Sri Manav Chaurasiya, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.22 of 2025, under Sections 103(1), 61(2) B.N.S., 2023, Police Station Rampura, District Jalaun, during pendency of the trial. 3. Learned counsel for the applicants submits that however, applicants are named in the FIR and as per allegation, they alongwith others committed the murder of the deceased but admittedly informant of the case was not an eye-witness. 4. He further submits that it is a case of circumstantial evidence and there is no eye-witness account and it appears, merely on the basis of suspicion, applicants have been made accused in the present matter. 5. He further submits that co-accused Smt. Laungshree was also named in the FIR and she has been released on bail by Co- ordinate Bench of this Court and her bail order has been annexed as Annexure No.14 of the affidavit filed in support of the instant bail application and on facts case of applicant is at par with her. 6. He further submits that applicants are having no criminal history and they are in jail in the present matter since 20.02.2025. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 8. I have heard both the parties and perused the record of the case. 9. However, applicants are named in the FIR alongwith others but admittedly no one could see the real incident including informant of the case and it reflects, on the basis of suspicion, applicants and others have been named in the FIR. 10. Further, however, as per prosecution, applicants hatched conspiracy but it reflects, there is no cogent and admissible evidence, except the statement of the co-accused and confessional statements of the applicants even with regard to the conspiracy. 11. Further, co-accused Smt. Laungshree was also named in the FIR but with a very detailed order, she has been released on bail by Co-ordinate Bench of this Court and on facts case of applicants are at par with her. 12. Further, applicants are having no criminal history and they are in jail in the present matter since 20.02.2025. 13. Therefore, considering the facts and circumstance of the case discussed above, in my view, applicants are 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 applicants- Jagdish @ Jagmohan and Kamlesh 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 72. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad