Neutral Citation No. - 2025:AHC:91965 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18418 of 2025 Applicant :- Arun Singhania Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prakhar Saran Srivastava, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0021 of 2025, under Sections 103(1) B.N.S., Police Station Kakod, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR but it reflects, it is a case of circumstantial evidence and on the basis of suspicion he has been named in the FIR of the present case. 4. He further submits, during investigation as per prosecution the presence of the applicant was found at the place of incident but merely on this ground it cannot be said that he involved in the present matter. 5. He further submits, as per prosecution, when applicant was arrested then on his pointing out one Muffler used in the crime was also recovered but entire recovery is false and baseless. He further submits, even on the basis of such recovery, at this stage, it cannot be said that applicant committed the murder of the deceased. 6. He further submits, it is a case of circumstantial evidence and there is no cogent and admissible evidence against the applicant on record. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.01.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR but it reflects, on the basis of suspicion he has been made accused in the present matter. 11. Further, however, during investigation when applicant was arrested then as per prosecution from his possession Muffler used in the crime was also recovered but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above recovery, at this stage, it cannot be said that applicant involved in the present crime. 12. Further, after considering the entire material available on record, this Court also finds merit in the argument advanced by learned counsel for the applicant that except suspicion there is no cogent and admissible evidence against the applicant on record. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 16.01.2025. 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 - Arun Singhania 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad