HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 47629 of 2023 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Pradeep Kumar, learned counsel for the applicant, Mr. C.S. Saran, learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused-applicant- Firoz Ahamad seeking enlargement on bail in Case Crime No. 395 of 2022, under Sections 302, 201, 34 IPC, Police Station- Karchhana, District- Prayagraj. 3. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case. Applicant is languishing in jail since 07.11.2022. It is submitted that the case is based on circumstantial evidence and there is no evidence against the applicant. Apart from the recovery of clothes, driving licence and shoes on the pointing of wife of the applicant there is no other evidence against the applicant. It is further submitted that the applicant is said to have made extra judicial confession before the PW-4 but PW-2 has not testified to the same effect before the learned trial court. It is further submitted that only 8 witnesses have been examined out of 19 witnesses so far and there is no likelihood that the trial would be concluded in near future. It is argued that applicant has criminal history of 19 cases which have been explained in para 26 of the affidavit filed in support of bail application. It is lastly submitted that there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that the conclusion of trial will take sufficiently Versus Counsel for Applicant(s) : Prabhat Kumar Mishra, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Firoz Ahamad .....Applicant(s) State of U.P. .....Opposite Party(s) long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Per contra, learned AGA has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. It is further submitted that, in case the applicant is released on bail, he may again indulge in similar activities and misuse the liberty of bail. 5. The case is based on circumstantial evidence and applicant is said to have made extra judicial confession before PW-2 Janardan Prasad Vishwakarma. Apart form the wearing appearances nothing has been recovered. As per the first information report which has been lodged against unknown. Dead body of a person was recovered and the same has been identified to be dead body of Sooraj Kumar, brother of the first informant. Keeping in view the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering paragraph no.53 of Apex Court in case of Manish Sisodia vs. Directorate of Enforcement 2024 (SC) LawSuit 677, dictum of Apex Court in Union of India vs. K.A. Najeeb (2021) 3 SCC 713 & Satender Kumar Antil vs. Central Bureau of Investigation & Anr. (2022) 10 SCC 51 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the court concerned. (iv) The applicant shall remain present in person before the Trial Court on BAIL No. 47629 of 2023 2 the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement of accused personally to explain circumstances appearing in the evidence against him. (v) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, the trial court shall initiate proceedings against him strictly, in accordance with law. 6. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail by the trial court. 7. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. March 18, 2026 Virendra BAIL No. 47629 of 2023 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad