Neutral Citation No. - 2025:AHC:2872 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41611 of 2024 Applicant :- Rajan Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Jaiswal,Sumant Krishna Singh Counsel for Opposite Party :- G.A.,Santosh Dwivedi Hon'ble Sameer Jain,J. 1. Heard Sri Abhishek Kumar Jaiswal, learned counsel for the applicant, Sri Santosh Dwivedi, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 118 of 2024, under Sections 302, 34, 120-B IPC, Police Station- Lohta, District- Varanasi, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 27.06.2024 under Section 302 IPC against applicant and one unknown person on the basis of suspicion and according to FIR, in the night of 26/27.06.2024 when father of the informant was returning back to his home then on the way three persons committed his murder. It is further mentioned in the FIR that applicant was having conspiracy in commission of the alleged crime. 4. Learned counsel for the applicant submitted that on the basis of suspicion, applicant has been made accused in the present matter and except suspicion, there is no cogent evidence against the applicant on record. He further submitted that during investigation, Investigating Officer procured the CCTV footage of the incident but admittedly in the CCTV footage, applicant was not present and from perusal of the detail of the CCTV footage, which has been annexed at page no. 70 of the paper book, it reflects that co- accused Shashikant @ Jawani @ Vishal, Abhishek Jaiswal and Pradeep Chauhan were visible in the CCTV footage while they were committing the murder of the deceased. 5. He further submitted that applicant is not having any previous criminal history and he is in jail in the present matter since 30.06.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the principal accused and he conspired along with other co- accused but fairly conceded that in the CCTV footage applicant was not visible and as per CCTV footage, co-accused Shashikant, Abhishek and Pradeep committed the murder of the deceased. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, there is allegation against the applicant that due to conspiracy of applicant, three accused Shashikant, Abhishek and Pradeep committed the murder of the deceased but from perusal of the record, it reflects that except the bald and verbal allegation of conspiracy, there is no cogent evidence against the applicant on record in this regard. 9. Further, however, during investigation, Investigating Officer procured CCTV footage of the incident but admittedly in the CCTV footage, applicant was not visible and from the CCTV footage, it reflects that co-accused Shashikant, Abhishek and Pradeep committed the murder of the deceased. 10. Further, applicant is not having any previous 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- Rajan Prajapati 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