Neutral Citation No. - 2025:AHC:18154 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1983 of 2025 Applicant :- Sangam Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 380 of 2024 at Police Station- Kotwali Khalilabad, District- Sant Kabir Nagar under Sections 302, 201, 34 IPC and Section 4/25 Arms Act. The applicant is in jail since 12.05.2024. The bail application of the applicant was rejected by the learned trial court on 28.10.2024. The following arguments made by Sri Pradeep Tiwari, learned counsel holding brief of Sri Ravindra Prakash Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant was nominated only on the basis of suspicion and at the instigation of inimical parties in the village. Suspicion no matter how grave is no substitute for evidence. 2. One Shyamu had illicit relations with the wife of the deceased. The said Shyamu alone had the motive to commit the offence while the applicant had no issue with the deceased and his family. 3. There is no direct evidence against the applicant. 4. One knife was planted on the applicants only to show proficiency of the police investigators. 5. There is no independent witness to the said recovery. 6. The applicant does not have any criminal history apart from the instant case. 7. The applicant is not flight risk. The applicant being law abiding citizen have always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of their influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Sangam be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 7.2.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad