Neutral Citation No. - 2025:AHC:91886 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18392 of 2025 Applicant :- Amit Patel Opposite Party :- State of U.P. Counsel for Applicant :- Brahma Nand Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Brahma Nand Singh, learned counsel for the applicant and Sri Rajiv Dhar 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. 228 of 2024, under Sections 103(1), 3(5), 61(2) of BNS, Police Station Chakiya, District Chandauli, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against the husband of the deceased and his two relatives with the allegation that they committed the murder of the deceased but during investigation applicant who is cousin brother of the husband of the deceased, has been made accused in the present matter through the statement of principal accused Abhishek Patel i.e. husband of the deceased. 4. He further submitted that except the confessional statement of the applicant and statement of the co-accused before police there is no cogent evidence against the applicant on record. 5. He further submitted that even applicant did not reside in the same house where deceased resided alongwith her husband and his family members. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 17.10.2024 i.e for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From perusal of FIR of the present case, it reflects that as per allegation co-accused Abhishek Patel, husband of the deceased committed the murder of his wife alongwith his brother and bhabhi but it reflects that during investigation, applicant who is cousin of principal accused Abhishek Patel i.e. husband of the deceased has been made accused on the basis of his statement and it reflects, except the statement of the co-accused and confessional statement of the applicant before police, there is no cogent and admissible evidence against him. 10. 10. Further, there is no evidence that applicant resided in the same house where deceased resided alongwith her husband and his family members. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 17.10.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Amit Patel, 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. 15. 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. 16. 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