Neutral Citation No. - 2025:AHC:90111 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17878 of 2025 Applicant :- Vijay Bahadur Verma Opposite Party :- State Of U.P. Through Its Principal Secretary (Home) U.P. At Lucknow Counsel for Applicant :- Awadh Narayan Shukla,Sudhanshu Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sudhanshu Kumar Mishra, learned counsel for the applicant and Sri Santosh Nigam, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.359 of 2024, under Sections 103(1), 3(5), 61 B.N.S. and Sections 4/25 Arms Act, Police Station Sarai Inayat, District Allahabad, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR but admittedly it is a case of circumstantial evidence and nobody could see the real incident and it reflects, due to suspicion that applicant was having illicit relationship with the wife of the deceased, he has been made accused in the present matter alongwith wife of the deceased. 4. He further submits that except suspicion and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 10.12.2024 i.e. for last more than five months. 6. 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. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, applicant was having illicit relationship with the wife of the deceased and therefore, he alongwith her committed the murder of the deceased but it reflects, except suspicion and confessional statement of the applicant before the police, there is no cogent evidence against the applicant on record. 9. Further, applicant is having no criminal history and he is in jail in the present matter since 10.12.2024 i.e. for last more than five months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Vijay Bahadur Verma 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. 13. 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. 14. 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 :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad