HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33089 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sher Bahadur Yadav, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.310 of 2025, under Sections 103(1), 3(5) BNS, Police Station Pawai, District Azamgarh, during pendency of the trial. 3. Learned counsel for the applicant submits, however applicant is named in the FIR but it is a case of circumstantial evidence. He further submits, according to the prosecution deceased was having affair with co-accused Priyanka and applicant is brother of co-accused Priyanka and applicant alongiwth her and another co-accused committed murder of the deceased but except bald and verbal allegation and suspicion there is no cogent evidence which can connect the applicant with the instant crime. 4. He further submits, even co-accused Priyanka and Shivshankar @ Shankar who were also named in the FIR have been released on bail by this Court and their bail orders have been annexed alongwith the instant bail application and on facts case of applicant is at par with them. 5. He further argued, applicant was not having any previous criminal history and in the present matter he is in jail since 15.11.2025 i.e. for last more than ten months. 6. Per contra, learned AGA however opposed the prayer for bail but could Versus Counsel for Applicant(s) : Sher Bahadur Yadav Counsel for Opposite Party(s) : G.A. Neeraj Bind .....Applicant(s) State of U.P. .....Opposite Party(s) not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. However, applicant is named in the FIR alongwith four others but it is a case of circumstantial evidence. Record further suggests, however according to the prosecution deceased was having affair with co-accused Priyanka and applicant is brother of co-accused Priyanka and therefore applicant alongiwth her and other co-accused committed murder of the deceased but it reflects, except bald and verbal allegation and suspicion prima facie there is no other cogent evidence which can connect the applicant with the instant crime. 9. Further, even co-accused Priyanka and Shivshankar @ Shankar who were also named in the FIR have been released on bail by this Court and on facts case of applicant is at par with them. 10. Further, applicant was not having any previous criminal history and in the present matter he is in jail for last more than ten months. 11. Therefore considering the facts and circumstances of the case discussed above, in view of this Court, 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 - Neeraj Bind 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 BAIL No. 33089 of 2026 2 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. September 24, 2026 Shahroz BAIL No. 33089 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad