Neutral Citation No. - 2025:AHC:80526 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1277 of 2025 Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Mohan Singh Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivastava Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Advocate holding brief of Sri Mohan Singh, learned counsel for the applicant; Sri Ravindra Prakash Srivastava, learned counsel for the informant 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. 276 of 2024, under Sections 103(1), 238 BNS, Police Station Rudhauli, District Basti, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR but admittedly informant of the case was not the eye witness. 4. He further submitted that it is case of circumstantial evidence and only evidence against the applicant is the evidence of last seen given by one Saffiullah and wife of the applicant but from their statements which have been annexed alongwith the counter affidavit filed by the informant it reflects, both the statements are not convincing. 5. He further submitted that however, above statements appear to be doubtful but even if these statements are accepted then also merely on the basis of such statements, it cannot be said that applicant committed murder of the deceased. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.10.2024 i.e. for last more than six months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as deceased used to visit house of applicant and applicant was having doubt that he was having relationship with his wife therefore, he committed murder of the deceased. 8. They further submitted that there is evidence of last seen given by Saffiullah and even wife of the applicant and at this stage, there is no reason to disbelieve this evidence and therefore, applicant should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it reflects that applicant is named in the FIR but admittedly informant of the case was not the eye witness. 11. Further, it is a case of circumstantial evidence and only evidence against applicant is the evidence of last seen which was given by Saffiullah and wife of the applicant but after perusing their statements, argument advanced by learned counsel for the applicant that their statements with regard to the evidence of last seen did not appear to be convincing, cannot be ruled out. 12. Further, even this Court finds merit in the argument advanced by learned counsel for the applicant that even merely on the basis of statements of the above witnesses, it cannot be said that applicant was the person who committed murder of the deceased. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 29.10.2024 i.e. for last more than six months 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Subhash, 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. 17. 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. 18. 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 :- 15.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad