Neutral Citation No. - 2025:AHC:18843 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25123 of 2024 Applicant :- Shiv Darshan Singh Alias Nanhey Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Rai,Ashutosh Mishra,Pavan Kumar Pandey,Syed Abid Ali Naqvi,Sr. Advocate Counsel for Opposite Party :- G.A.,Harish Chandra Kushwaha,Preetam Yadav Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in revised call. 2. Heard Shri M. P. Rai, learned Senior Counsel assisted by Shri Ashutosh Mishra, learned counsel for the applicant and Shri Brijesh Pratap Singh, learned A.G.A. for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.57 of 2024, under Sections 302, 201, 504, 506, 120-B I.P.C. and Sections 3/25 Arms Act, Police Station Utraon, District Prayagraj, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 19.03.2024 against unknown person with regard to the murder of the brother of the informant. 5. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation, on the basis of suspicion, he has been made accused in the present matter. 6. He further submits that from the statements of the wife and brother of the deceased, which were recorded during investigation, it reflects, they stated, deceased on the date of incident was going on the motorcycle alongwith one another and that person was look like applicant but merely on the basis of these statements, it cannot be said that applicant was alongwith the deceased. 7. He further submits that during investigation, as per prosecution, it was revealed that applicant made conversation with the deceased on 18.03.2024 at about 10:53 p.m. and 11:30 p.m. and near the dead-body of the deceased one spectacles was recovered, which was given by the deceased to the applicant and except above evidences, there is no other cogent evidence on record and on the basis of such evidence, at this stage, it cannot be said that applicant committed the murder of the deceased. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 20.03.2024 i.e. for last almost a year. 9. 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. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. It is a case of circumstantial evidence and it appears, during investigation, applicant has been made accused in the present matter. Record further suggests that he has been made accused in the present matter on the basis of suspicion however subsequently, it was found that he had conversation with the deceased on 18.03.2024 and near the dead-body of the deceased one spectacles was recovered, which was given by the deceased to the applicant. Except the above circumstances, there is no other circumstance against the applicant on record. This Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above circumstances, at this stage, it cannot be said that applicant involved in the commission of the alleged crime. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 20.03.2024 i.e. for last almost a year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Shiv Darshan Singh @ Nanhey, 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. 16. 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. 17. 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 :- 7.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad