Neutral Citation No. - 2025:AHC:91221 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18365 of 2025 Applicant :- Munna Lal Alias Munna Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Aman Mehrotra,Dhirendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dhirendra Singh, learned counsel for the applicant and Sri Rajiv Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0057 of 2024, under Sections 302, 504, 506, 120B IPC, Police Station Utraon, District Prayagraj, 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 nobody was named in the FIR but during investigation, through the statement of co-accused, applicant has been made accused in the present matter with the aid of section 120B IPC. 4. He further submitted that even there is no cogent evidence of conspiracy against the applicant. 5. He further submitted that there is no cogent and admissible evidence against the applicant on record which can connect him with the instant crime. 6. He further submitted that co-accused Shiv Darshan Singh Alias Nanhey has been released on bail by this Court and his bail order has been annexed at page 60 of the paper book and case of applicant is on better footing than him. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 22.4.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant except the fact that applicant is also having criminal history of 4 other cases but he fairly conceded that all the four cases relates to minor offences and some of the cases are even of non cognizable offence. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant and others involved in the commission of murder of the deceased but it is a case of circumstantial evidence and during investigation through the statement of the co-accused applicant has been made accused with the aid of section 120B IPC and it reflects except the statement of the co-accused and confessional statement of the applicant before police, there is no cogent evidence even of conspiracy against the applicant. 11. Further, co-accused Shiv Dharshan Singh @ Nanhe has already been released on bail by this Court and it appears case of applicant is on better footing than him. 12. Further, however, apart from the present case applicant is having criminal history of four other cases and he did not explain his criminal history in the instant bail application but all the unexplained cases relate to minor offences and considering this fact and the provision of Article 27 of the Constitution of India, in view of this Court, it is not proper to withheld the bail application of applicant on this ground. 13. Further, in the present matter, applicant is in jail since 22.4.2025. 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-Munna Lal Alias Munna Pasi, 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 :- 28.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad