Neutral Citation No. - 2025:AHC:21541 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1901 of 2025 Applicant :- Alok Patel Alias Nane Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Tripathi,Surya Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Tripathii, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.194 of 2024, under Sections 103(1), 238 (A) of B.N.S., Police Station Industrial Area, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case in which informant who is mother of the deceased herself has been made accused in the present matter during investigation along with applicant and others. 4. He further submits, it is a case of circumstantial evidence and except the evidence of last seen, there is no other evidence against the applicant on record. 5. He further submits, the evidence of last seen was given by elder bother-in-law of the informant (Jeth) who was highly inimical with her and therefore no reliance can be placed on such evidence of last seen. 6. He further submits, however it is a case of circumstantial evidence but even prosecution could not bring any motive to commit the instant crime. 7. He further submits, there is absolutely no cogent evidence against the applicant on record which connect him in the instant crime. 8. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 28.10.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and FIR of the present case was lodged by mother of the deceased but it appears, during investigation she was also made accused in the present matter along with applicant and others on the basis of evidence of last seen. It further reflects, except the evidence of last seen, there is no other cogent evidence against the applicant. Considering the facts of the case even evidence of last seen does not appear to be convincing. 12. Further, however, it is a case of circumstantial evidence but prosecution has not come with any specific motive. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 28.10.2024. 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 - Alok Patel Alias Nane 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 :- 14.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad