Neutral Citation No. - 2025:AHC:17989 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42107 of 2024 Applicant :- Shaukeen Alias Latoor Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Sanjay Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.278 of 2023 at Police Station-Bachhraon District-Amroha under Sections 302, 201, 120B I.P.C. The applicant is in jail since 23.10.2023. The bail application of the applicant was rejected by the learned trial court on 06.03.2024. The following arguments made by Shri Arun Kumar, learned counsel and Shri Satendra Sharma, learned counsel holding brief of Shri Sanjay Kumar Sharma, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned A.G.A.-I from the record, entitle the applicant for grant of bail: 1. The incident occurred on 26.09.2023 and the F.I.R.was got lodged on 30.09.2023. 2. Delay in lodgement of the F.I.R. in the facts of this case is fatal to the prosecution case. 3. The applicant was nominated in the FIR only on the basis of suspicion. Suspicion no matter how grave is no substitute for evidence. 4. The applicant had accompanied the deceased to the market when the two had parted company in full public view. 5. The body of the deceased was found in an open sugarcane field which was accessible to one and all. 6. There is no direct evidence against the applicant. 7. No incriminating article has been recovered from the applicant. 8. The chain of incriminating circumstances against the applicant is not complete. 9. The applicant does not have any criminal history apart from this case. 10. 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 the applicant 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-Shaukeen Alias Latoor 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:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 7.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad