Neutral Citation No. - 2025:AHC:110146 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18537 of 2025 Applicant :- Anil Yadav @ Lambu Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Shukla,Pradeep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Vijay Bahadur Shivhare, holding brief of Sri Pradeep Kumar Pandey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State Respondent and perused the record. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 514 of 2024, under Sections 103(1), 238, 140(3) and 61(2) BNS, Police Station Kotwali Nagar, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submits that however, FIR of the present case was lodged on 17.11.2024 against the applicant and two others with regard to murder of son of the informant but dead body of his son was recovered on 16.10.2024 from Railway Track and thus FIR of the present case was lodged after one month from the date of recovery of his dead body. 4. He further submits that even from the FIR it reflects that on the basis of suspicion applicant has been made accused in the present matter along with two others. 5. He further submits that it is a case in which except suspicion, statements of co-accused and confessional statement of applicant, there is no other cogent evidence against the applicant on record. 6. He further submits that actually police is highly inimical with the applicant and earlier also applicant has been made accused in two other cases. 7. He further submits that in the present matter applicant is in jail since 18.11.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that it is a case of circumstantial evidence and except suspicion, statements of co-accused and confessional statement of applicant, there is no other evidence against the applicant on record. 9. Learned AGA however further submits that apart from the present case applicant is also having criminal history of two other cases and in all the cases he is on bail. It is further submitted that on the similar footing the co-accused Guddu Alias Suraj has been granted bail by the Court vide order dated 18.04.2025 passed in Criminal Misc. Bail Application No. 9874 of 2025, therefore, the applicant is also entitled to be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and it reflects that except suspicion, statements of co-accused and confessional statement of applicant, there is no other evidence against the applicant on record. 12. Further, however, apart from the present case applicant is also having criminal history of two other cases and the same has been explained in the instant bail application. 13. Further, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents bail application of an accused should not be withheld. 14. Further, in the present matter applicant is in jail since 18.11.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant, Anil Yadav @ Lambu, 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. 18. 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. 19. 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 :- 10.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad