Ajay Bhanot, J.

1. Matter is taken up in the revised call.

2. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 99 of 2023 at Police Station- Amroha Dehat, DistrictAmroha, under Sections 302, 201 IPC. The applicant is in jail since 02.04.2023.

3. The bail application of the applicant was rejected by the learned trial court on 11.08.2023.

4. The following arguments made by Shri Sunil Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

"1. The applicant was not named in the FIR.

2. The applicant was nominated in the statement of the co-accused made to the police authorities while in the custody of the latter. The said statement in so far as it implicates the applicant is not admissible in evidence.

3. There is no direct evidence or eye witness of the incident.

4. At best, this is a case of circumstantial evidence. The chain of incriminating circumstances against the applicant is not complete.

5. The applicant was not last seen in the company of the deceased at a time proximate to the death of the latter.

6. No incriminating article has been recovered from the applicant.

7. Prosecution evidence does not connect the applicant with the offence.

8. The applicant does not have any criminal history apart from this case.

9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending."

5. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

6. Let the applicant- Hetram @ Anoop Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.