Neutral Citation No. - 2025:AHC:89670 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17776 of 2025 Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Mohd. Naushad, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.220 of 2021, under Sections 302, 34 I.P.C., Police Station Kandhla, District Shamli, during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith two others but it reflects, it is a case of circumstantial evidence and except the evidence of last seen, there is no other evidence against the applicant on record. 5. He further submits even two other named co-accused Krishna Kumar and Vishal @ Lavli have been released on bail by different co-ordinate Benches of this Court and their bail orders have been annexed as Annexure No.8 to the affidavit filed in support of the instant bail application and on facts case of applicant is at par with them. 6. He further submits that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and that case relates to minor offences. 7. He further submits that applicant is in jail in the present matter since 31.05.2021 i.e. for last almost four years. 8. 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. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicant alongwith two others committed the murder of the deceased but it appears, it is a case of circumstantial evidence and except the evidence of last seen, there is no other evidence against the applicant on record. 11. Further, similarly placed two co-accused Krishna Kumar and Vishal @ Lavli have already been released on bail by different co-ordinate Benches of this Court. Further, criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application. 12. Further, applicant is in jail in the present matter since 31.05.2021 i.e. for last almost four years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is 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 applicant- Satish 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. 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 applicant. 17. 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad