Neutral Citation No. - 2025:AHC:25075 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3442 of 2025 Applicant :- Anand Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Bharat Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 175 of 2024, under Sections 302, 323, 120-B IPC, Police Station- Junawai, District- Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged by the uncle of the deceased against her husband and other family members but during investigation, it was found that actually it is a case of honour killing and thereafter informant himself has been made accused in the present matter. 4. He further submitted that applicant is the real brother of the deceased and during investigation, he has also been made accused in the present matter. 5. He further submitted that from the record, it reflects that on the basis of statements of witnesses Bhure, Nawab Singh and Guddo Devi (devrani of deceased), applicant has been made accused in the present matter and only evidence against the applicant is that on the date of incident, he was seen by the witnesses while he was coming out from the house of the deceased. He further submitted that although merely on the basis of such evidence, it can be said that applicant committed the murder of his sister i.e. deceased but otherwise it appears that all theses statements were recorded by the Investigating Officer after one month from the date of alleged incident, therefore, no reliance can be placed on such statements. 6. He further submitted that actually there is no cogent evidence against the applicant, which can connect him with the instant crime. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 25.07.2024 i.e. for last almost seven months. 8. Per contra, learned AGA however, 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. Applicant is the real brother of the deceased and it appears, during investigation he along with even informant of the case has been made accused in the present matter and as per prosecution, it is a case of honour killing and as deceased was the real sister of the applicant and she was having illicit relationship with some other person, therefore, they eliminated her but present case is a case of circumstantial evidence and only evidence against the applicant is that he was last seen by the witnesses while he was coming out from the house of the deceased on the date of incident but statements of these witnesses were recorded by the Investigating Officer after one month, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that no reliance can be placed upon such evidences. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of such evidences, it cannot be said that applicant is the person, who committed the murder of his sister along with others. 11. Further, it appear, except the above evidences, there is no other cogent evidence against the applicant on record. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 25.07.2024 i.e. for last almost seven months. 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- Anand 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 :- 20.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad