Neutral Citation No. - 2025:AHC:28076 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3547 of 2025 Applicant :- Julfaan Alias Buddhi Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sayeed Saif Ullah, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 48 of 2024, under Sections 396 and 412 IPC , Police Station Kotwali Dehat, District Saharanpur during pendency of the trial. 3. FIR of the present case was lodged on 8.2.2024 against unknown persons with regard to the murder of son of the informant. 4. Learned counsel for the applicant submits that nobody was named in the FIR and initially FIR of the present case was lodged under Section 302 IPC but subsequently during investigation case was converted under Sections 396 and 412 IPC. 5. It is next submitted that after almost nine months on the basis of information furnished by police informer name of applicant was surfaced in the present matter along with four others and thereafter as per allegation when applicant was arrested then he confessed his guilt and from his possession two photographs, a wallet and a jacket of the deceased was recovered and except above evidences, there is no other evidence against the applicant on record. 6. He further submits that merely on the basis of above evidences, it cannot be said that applicant involved in commission of the present crime. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 15.11.2024. 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. However, from the record it reflects that initially FIR of the present case was lodged against unknown persons under Section 302 IPC but during investigation case was converted under Sections 396 and 412 IPC and applicant has been made accused in the present matter after about nine months through the information furnished by Police informer. 11. Further, however, as per prosecution, when applicant was arrested then he confessed his guilt and from his possession two photographs, a wallet and a jacket of the deceased were recovered but except the above discussed circumstances, there is no other evidence against the applicant on record. This Court finds merit in the argument advanced by the learned counsel for the applicant that merely on the basis of such evidences at this stage it cannot be said that applicant also involved in commission of the present crime. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 15.11.2024. 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-Julfaan @ Buddhi 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 :- 28.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad