Neutral Citation No. - 2025:AHC:3005 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41572 of 2024 Applicant :- Ritesh Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kedar Nath Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0289 of 2024, under Sections 302, 34 IPC, Police Station- Rudrapur, District- Deoria, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 21.06.2024 against unknown person and according to FIR, in the night of 20.06.2024 some unknown person committed the murder of father-in-law of the informant by slitting his neck. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but surprisingly during investigation, when the statement of the informant was recorded then she raised suspicion against the applicant and others and thereafter statements of other witnesses were recorded by the Investigating Officer including wife of the deceased i.e. mother-in-law of the informant and they also reiterated the version of the informant and on the statements of these witnesses, merely on the basis of suspicion, applicant has been made accused in the present matter. 5. He further submitted that however as per prosecution, when applicant and other accused persons were arrested then they confessed their guilt and on their joint pointing out one blood stained knife was recovered but entire recovery is totally false and planted one and till date, there is no evidence on record, which can suggests that the blood found on the knife was of the deceased. He further submitted that admittedly, it is a case of circumstantial evidence and there is no cogent circumstance against the applicant. He further submitted that admittedly applicant was not having any motive to commit the murder of the deceased and as per prosecution, motive was against co-accused Bharat Paswan. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 30.06.2024 i.e. for last more than six months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument 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. From the record, it reflects that on the basis of general allegation, applicant has been made accused in the present matter on the basis of suspicion and however, as per prosecution, from the joint pointing out of the applicant and others one blood stained knife was recovered but till date, the instant knife could not be connected with the instant crime, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence against the applicant on record. 10. Further, admittedly there is no eye-witness account and applicant is not having any criminal history and he is in jail in the present matter since 30.06.2024 i.e. for last more than six months. 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- Ritesh Gautam 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. Order Date :- 7.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad