Neutral Citation No. - 2025:AHC:93468 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18308 of 2025 Applicant :- Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Vijay Kumar, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.1171 of 2024, under Sections 103(1), 61(2), 238(a) B.N.S., Police Station Kotwali City, District Bulandshahar, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR but it reflects, merely on the basis of suspicion and evidence of last seen, he has been roped in the present matter. 4. He further submits that even it is a case of circumstantial evidence and there is no direct motive against the applicant to commit the alleged crime. 5. He further submits that however, witness Rakesh tried to give evidence of last seen against the applicant but from his statement, it reflects, his statement is not reliable. 6. He further submits that apart from the evidence of last seen, as per prosecution when applicant was arrested then from his possession Gamcha (a type of cloth) allegedly used in the crime and mobile phone of the deceased were recovered but entire recovery is false and planted one. 7. He further submits that even merely on the basis of above recovery, it cannot be said that applicant also involved in the present crime alongwith others. 8. He further submits that except above evidences, there is no other evidence against the applicant on record. 9. He further submits that applicant is having no criminal history and he is in jail in the present matter since 01.01.2025. 10. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard both the parties and perused the record of the case. 12. It is a case of circumstantial evidence and as per prosecution, applicant was last seen alongwith the deceased and other accused and from his possession Gamcha used in the crime and mobile phone of the deceased were recovered but evidence of last seen prima-facie appears to be unconvincing. 13. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above recovery, at this stage, it cannot be said that applicant involved in the present crime specially considering the fact that there is no direct motive against the applicant and motive of crime appears to be against co-accused Nempal, who was having illicit relationship with the wife of the deceased. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 01.01.2025. 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- Shahid 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 their 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 :- 28.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad