Neutral Citation No. - 2025:AHC:30448 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2074 of 2025 Applicant :- Ajay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Peeyush Dubey, learned Advocate holding brief of Sri Ajay Dubey, learned counsel for the applicants 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.512 of 2024, under Sections 103 (1), 115(2), 3(5) of B.N.S., Police Station Sadar Bazar, District Agra during pendency of the trial. 3. Learned counsel for applicants submits, FIR of the present case was lodged against unknown persons with regard to the murder of the son of the informant. 4. It is further mentioned during investigation name of co-accused Rajesh and Rinki were surfaced on the basis of suspicion and when they were arrested then they disclosed the name of the applicants. 5. He further submits, except the statement of the co-accused and confessional statement of the applicants there is no other cogent evidence against applicants on record. 6. He further submits, it is a case of circumstantial evidence and prosecution miserably failed to connect the applicants with the instant crime 7. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 10.09.2024 i.e. for last more than five months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it appears during investigation applicants have been made accused in the present matter through the statements of the co-accused persons and it appears except the statement of the co-accused persons and confessional statement of the applicants there is no other cogent evidence against them on record. 11. Further, applicants are not having any criminal history and they are in jail since 10.09.2024 i.e. for last more than five months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicants - Ajay and Bhola @ Ajay Mistri @ Ram Prasadson 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 15. 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 applicants. 16. 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 :- 4.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad