Neutral Citation No. - 2025:AHC:89685 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17793 of 2025 Applicant :- Manjeet Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Ji Pandey Counsel for Opposite Party :- Mayank Yadav, Vivek Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Sri Vivek Kumar Singh and Sri Mayank Yadav, Advocate filed their power on behalf of the informant, which is taken on record. 2. Heard Sri Prashant Ji Pandey, learned counsel for the applicant, Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent and Sri Vivek Kumar Singh and Sri Mayank Yadav, learned counsel for the informant. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.16 of 2025, under Sections 103(1), 137(2), 238(A) B.N.S., Police Station Adarsh Mandi Shamli, District Shamli, during pendency of the trial. 4. Learned counsel for the applicant submits that nobody was named in the FIR but during investigation, applicant has been roped in the present matter alongwith others including co- accused Tushar. 5. He further submits that it is a case of circumstantial evidence and except the statement of co-accused and confessional statement of the applicant, there is no other cogent and admissible evidence against the applicant on record. 6. He further submits that however, as per allegation when applicant was arrested then on his pointing out cycle and mobile phone of the deceased were recovered but entire recovery is false and planted one. He further submits, even from the recovery memo, it reflects, the recovery was made from a place, which was accessible to all. 7. He further submits that after considering the entire facts of the case, co-accused Tushar has been released on bail by this Court vide order dated 17.05.2025 passed in Criminal Misc. Bail Application No.15859 of 2025 and on facts case of applicant is at par with him. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 01.02.2025. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is having criminal history of one another case of cheating but could not dispute the other arguments on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. It is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter and it reflects, as per prosecution when applicant was arrested then on his pointing out a cycle and mobile phone of the deceased were recovered but it reflects, alleged recovery was made from a place, which was accessible to all. 12. Further, except the above recovery and statement of co- accused and confessional statement of the applicant, it appears, there is no other cogent and admissible evidence against the applicant on record. 13. Further, co-accused Tushar has been released on bail by this Court vide order dated 17.05.2025 and except the above recovery, the case of applicant is at par with him. 14. Further, however, apart from the present case, applicant is having criminal history of one another case of cheating and he did not explain his criminal history in the instant bail application but considering the facts of the case and provision of Article 21 of the Constitution of India, in view of this Court, it is not proper to withheld the bail application of the applicant merely on this basis. 15. Further, applicant is in jail in the present matter since 01.02.2025. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Manjeet 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. 19. 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. 20. 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