Neutral Citation No. - 2025:AHC:35625 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2139 of 2025 Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Srivastava,Prakhar Srivastava Counsel for Opposite Party :- G.A.,Pradeep Kumar Bhardwaj Hon'ble Sameer Jain,J. 1. Heard Sri P.K. Srivastava, learned counsel for the applicant, Sri Pradeep Kumar Bhardwaj, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 298 of 2024, under Sections 103, 238, 61(2) BNS, Police Station- Simbhawali, District- Hapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, after one and half months, he has been made accused in the present matter with the aid of Section 61(2) BNS. He further submitted that even there is no evidence of conspiracy against him on record. 4. He further submitted that it is a case of circumstantial evidence and there is no evidence against the applicant, which can connect him with the instant crime. 5. He further submitted that it appears, as Sonu, real brother of the applicant, was named in the FIR, therefore, during investigation, he has also been made accused in the present matter without any evidence. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 19.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant, however, 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. From the record, it reflects that it is a case of circumstantial evidence and during investigation, after one and half months, applicant has been made accused in the present matter with the aid of Section 61(2) BNS but it appears, there is even no evidence of conspiracy against him and considering the fact that applicant is real brother of named accused Sonu, the argument advanced by learned counsel for the applicant that only being brother of principal accused Sonu, applicant has been made accused in the present matter, cannot be completely ruled out at this stage. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 19.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Ashok 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. 14. 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. 15. 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 :- 11.3.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad