Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37016 of 2024 Applicant :- Tausib @ Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 344 of 2023, under Sections 302 IPC & 4/25 Arms Act, Police Station- Sirauli, District- Bareilly with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 14.03.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in case crime No. 344 of 2023, under Sections 302 IPC & 4/25 Arms Act, police station Sirauli, District Bareilly with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant was named in the first information report merely on the basis of suspicion. There is no eye witness of alleged incident. The allegation that on the evening of 06.12.2023 deceased was taken away by the applicant is wholly false and same is not supported by any independent witness. The applicant has no motive at all to commit the murder of deceased. Alleged recovery of knife shown at the instance of applicant is false and the same has been planted by the applicant. It was stated that there is no credible evidence against the applicant. Lastly, it was submitted that the applicant is in judicial custody since 25.12.2023, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for bail and submitted that there is consistent prosecution version that on 06.12.2023 at 08.00 pm, deceased was taken away by the applicant from his home and on the next day his dead body was recovered from Kabristaan. It was stated that deceased has been brutally murdered and he has sustained as many as 12 injuries. It is further submitted that knife used in the incident has also been recovered at the instance of applicant. There are statements of several witnesses who have stated that on the evening of 06.12.2023 the deceased was last seen with the applicant. 5. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, no case for grant of bail is made out. 6. Accordingly, the instant bail application filed on behalf of applicant is rejected." 4. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. There is no eye-witness of alleged incident. As per prosecution version the deceased was taken away from his home by applicant in the evening of 06.12.2023 and his dead body was recovered on the next date. Except the said allegation, there is no other evidence against the applicant. The allegation that one day prior to the incident the applicant has threatened the deceased is not reliable. If he might have threatened the deceased, there were no reasons that why the deceased would go with the applicant. Recovery of knife shown from applicant is wholly false and there is no independent witness of the alleged recovery. Learned counsel has referred facts of the matter and submitted that the case is based on circumstantial evidence and only circumstance shown against the applicant is that deceased was last seen with applicant one day prior to the recovery of dead body of deceased. It is further submitted that first bail application of applicant was rejected by this court vide order dated 14.03.2024 but after that no substantial progress has been made in trial so far. No prosecution witness has been examined so far and thus, trial of the case is likely to take sufficient long time. The applicant is in jail since 25.12.2023. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that there is evidence that on 06.12.2023, the deceased was taken away by the applicant from his house and on the next day his dead body was found in Kabristaan. 6. Considering the submissions of learned counsel for the parties, nature of accusations, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Tausib @ Tinku, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 14.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad