Neutral Citation No. - 2025:AHC:4098 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42122 of 2024 Applicant :- Babbu Alias Balvinder Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Shri Jay Singh Yadav, learned counsel for the applicant and Shri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.66 of 2024, under Sections 103(1) B.N.S., Police Station Hazara, District Pilibhit, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 22.07.2024 at 18:25 hrs. and according to the FIR, on 21.07.2024 at 4:30 in the evening, husband of the informant had gone alongwith applicant and however, in the night applicant returned but husband of the informant did not return and on 22.07.2024 at 6:00 p.m. in the evening his dead-body was recovered from a drain. 5. Learned counsel for the applicant submits that it is a case of circumstantial evidence and on the basis of false allegation, applicant has been made accused in the present matter and he is having no concern with the death of the deceased. 6. He further submits that except the evidence of last seen, there is no other cogent evidence against the applicant on record and merely on the basis of last seen, which is a weak piece of evidence, at this stage, it cannot be said that applicant committed the murder of the deceased. 7. He further submits that from the post-mortem report, it reflects that deceased died due to drowning, therefore, possibility cannot be ruled out that accidentally he fell in drain and died. 8. He further submits that however, apart from the present case, applicant is having criminal history of a case under Section 376 I.P.C. but in that case also he has falsely been made accused and in that case, he is on bail. 9. He further submits that applicant is in jail in the present matter since 26.07.2024 i.e. for last more than five months. 10. Per contra, learned AGA opposed the prayer for bail and submit that apart from the present case, applicant is also having criminal history of a case of rape but could not dispute the fact that present case is a case of circumstantial evidence and only evidence against the applicant is of last seen. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. The present case is a case of circumstantial evidence and it appears, only evidence against the applicant is of last seen and except this, there is no other cogent evidence against the applicant on record. 13. Further, from the record of the case, it reflects that prosecution has not come with any specific motive. 14. Further, post-mortem report suggests that deceased died due to drowning, therefore, argument advanced by learned counsel for the applicant in this regard, cannot be completely brushed aside. 15. Further, however, apart from the present case, applicant is having criminal history of a case under Section 376 I.P.C. but in that case, he is on bail. 16. Further, law is settled, if otherwise case of bail is made out then merely on the basis of criminal antecedents bail application of an accused, should not be ordinarily withheld.. 17. Further, applicant is in jail in the present matter since 26.07.2024 i.e. for last more than five months. 18. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Babbu Alias Balvinder Singh, 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. 21. 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. 22. 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 :- 8.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad