Neutral Citation No. - 2025:AHC:29889 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18552 of 2024 Applicant :- Rampal Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 67 of 2024, under Sections 302, 504/34 IPC, Police Station- Ughaiti, District- Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and on the basis of last seen evidence, applicant has been made accused in the present matter along with co-accused Rajesh, Hargyan and Vijay Pal and after considering entire facts of the case in detail, both co-accused Rajesh and Hargyan have been released on bail by co-ordinate Bench of this Court vide orders dated 23.09.2024 and 12.08.2024 passed in Criminal Misc. Bail Application Nos. 31924 of 2024 and 20485 of 2024 respectively and on facts, case of applicant is at par with them. 4. He further submitted that except the evidence of last seen, there is no cogent evidence against the applicant on record. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 18.03.2024 i.e. for last almost a year. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that it is a case of circumstantial evidence and it appears, except the evidence of last seen, there is no cogent evidence against the applicant on record and two similarly placed co-accused Rajesh and Hargyan have already been released on bail by co-ordinate Bench of this Court and applicant is not having any criminal history and he is in jail in the present matter since 18.03.2024 i.e. for last almost a year, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Rampal 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. 11. 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. 12. 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 :- 3.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad