Neutral Citation No. - 2025:AHC:139384 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39889 of 2024 Applicant :- Deepak Alias Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Vinay Kumar, learned counsel for the applicant, Sri Shashank Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 105 of 2023, under Sections 302, 34 of the Indian Penal Code, Police Station Basai, District Firozabad. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The bail application of the applicant was rejected by the learned trial court on 30.07.2024. Learned counsel for the applicant further submits that the first informant is the wife of the applicant and there exists some matrimonial friction between them. He submits that there is no credible evidence against the applicant and only on the basis of circumstantial evidence the applicant has been roped in the present case. He submits that it is a case of circumstantial evidence and none of the other evidence, either documentary or oral, supports involvement of the applicant in the present case. He submits that nothing incriminating material has been recovered from the possession of the applicant. Learned counsel for the applicant submits that the prosecution witnesses, namely, PW-1 during his examination before the Trial Court has been declared hostile. The PW-1 has also been cross examined by the learned DGC, but he failed to support the case of prosecution. There is no independent witness of the alleged incident. The applicant is languishing in jail since 11.07.2023. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. There is no independent witness to the recovery. Recovered item cannot be linked with the offence. Prosecution evidence does not connect the applicant with the offence. It is further submitted that on the similar footing the co-accused Radhey Shyam, Chhaviram and Kanha @ jayprakash Singh have been granted bail by the Court vide order dated 06.02.2024, 06.02.2024 and 07.12.2023 passed in Criminal Misc. Bail Application Nos. 55281 of 2023, 55316 of 2023 and 50163 of 2023, therefore, the applicant is also entitled to be released on bail. The applicant does not have any criminal history apart from the instant case. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant, Deepak Alias Deepu, 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:- 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 14.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad