Neutral Citation No. - 2025:AHC:93300 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18277 of 2025 Applicant :- Sewak Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh Yadav,Prem Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prem Prakash Yadav, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.62 of 2025, under Sections 137(2), 103(1), 238/61(2) B.N.S., Police Station Kandhrapur, District Azamgarh, during pendency of the trial. 3. Learned counsel for the applicant submits that initially FIR of the present case was lodged against unknown person under Section 137(2) B.N.S. by father of the victim but after recovery of her dead-body case was converted under Section 103 B.N.S.. 4. He further submits that it is a case in which during investigation even informant of the case i.e. father of the deceased has been made accused on the basis of allegation made by his wife i.e. mother of the deceased. 5. He further submits that applicant is brother-in-law of the informant i.e. father of the deceased and he has been made accused in the present matter with the aid of Section 61(2) B.N.S. and as per prosecution, applicant also involved in the present crime but except the bald and verbal allegation, there is no cogent evidence against the applicant, which can connect him with the instant crime. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 13.03.2025. 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 applicant 8. I have heard both the parties and perused the record of the case. 9. From the record, it reflect during investigation, informant of the case i.e. father of the deceased has been made accused in the present matter and applicant is his brother-in-law and it reflects, he has been made accused in the present matter with the aid of Section 61(2) B.N.S. with the allegation that he also involved in the present crime but it reflects, except the bald and verbal allegation, there is no cogent and admissible evidence against the applicant, which can connect him with the instant crime. 10. Further, even from the entire material available on record co-accused Vijay Pratap Nishad i.e. informant of the case appears to be principal accused. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 13.03.2025. 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- Sewak Nishad 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. 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 :- 28.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad