Neutral Citation No. - 2025:AHC:92095 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18402 of 2025 Applicant :- Brijpal Alias Banti Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 476 of 2024, under Sections 238, 103(1), 3(5), 248(B) B.N.S., Police Station Civil Lines, District Rampur during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case of circumstantial evidence and applicant was not named in the FIR but during investigation when the statement of the mother of the deceased was recorded then she disclosed that husband of the deceased, who was prime accused made extra judicial confession before her and he also disclosed that applicant, who was his brother-in-law also participated in the alleged crime along with him. 4. He further submits, from the statement of the mother of the deceased recorded during investigation it also reflects that the car which allegedly belonged to the applicant also used in the crime and that car was also identified through CCTV footage but there is no evidence that at that time either deceased or applicant was sitting in the car and till date the alleged car could not be connected with the instant crime. 5. He further submits, even mother of the deceased during trial did not support the prosecution case and has been declared hostile, therefore, now even no evidence of extra judicial confession is left against the applicant and co-accused person. He further submits, statement of the mother of the deceased i.e. informant of the case recorded before the trial court has been annexed along with instant bail application. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.10.2024 i.e. for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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. It is a case of circumstantial evidence and it reflects, during investigation applicant has been made accused in the present matter through the statement of the informant i.e. mother of the deceased and as per her, the principal accused i.e. husband of the deceased made extra judicial confession before her and he also disclosed the name of applicant, who was his brother-in-law. 10. Record further suggests that as per mother of the deceased, husband of the deceased also disclosed the fact that in the alleged crime car of the applicant was also used and subsequently the alleged car of the applicant was identified through CCTV footage but from the CCTV footage it could not be reflected that in the alleged car either deceased or applicant was present. Further, record also suggests that even during trial, the mother of the deceased i.e. informant turned hostile. 11. Record also suggests that even other witnesses of facts also have been declared hostile during trial as they did not support the prosecution case including father and brother-in-law of the deceased and it reflects, except the above evidences there was no other evidence against the applicant on record. 12. Further, as informant of the case, the mother of the deceased, has also been declared hostile, therefore, alleged evidence of extra judicial confession made by co-accused Sonu, the husband of the deceased cannot be used against the applicant. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 19.10.2024 i.e. for last more than six months. 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 - Brijpal @ Banti 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