HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33317 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Rajendra Kumar Yadav, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 168 of 2026, under Sections 103(1), 238, 303(2), 317(2) BNS, Police Station Bhamora, District Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and nobody was named in the FIR but during investigation when informant in his second statement raised suspicion against the applicant then he has been made accused in the present matter. 4. He further submitted that as per prosecution deceased developed illicit relationship with the wife of the applicant and therefore, he committed his murder. 5. He further submitted that except bald and verbal allegation, there is no cogent evidence against the applicant on record which can connect him with the instant crime. 6. He further submitted that applicant is having no previous criminal history and he is in jail in the present matter since 7.5.2026. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. It is a case of circumstantial evidence and nobody was named in the FIR but it reflects, during investigation when second statement of the informant was recorded then he raised suspicion against the applicant and thereafter he has been made accused in the present matter. It reflects, except suspicion and confessional statement of the applicant recorded by the Investigating Officer, there is no other evidence against the Versus Counsel for Applicant(s) : Rajendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Sinku @ Mukesh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant on record. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 7.5.2026. 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-Sinku @ Mukesh, 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. September 18, 2026 Ankita BAIL No. 33317 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad