Neutral Citation No. - 2025:AHC:34980 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42863 of 2024 Applicant :- Pankaj Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Manvendra Singh, learned counsel for the applicant and Shri Rajeev Dhar Dwivedi, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.76 of 2024, under Sections 302, 34 IPC, Police Station Bakewar, District Fatehpur, during pendency of the trial in the court below. 4. FIR of the present case was lodged against one Ravi Kashyap on the basis of suspicion with regard to the murders of the mother and brother of the informant. 5. Learned counsel for the applicant submits that applicant was not named in the FIR but on next day i.e. on 30.06.2024 when statement of one Salim was recorded then he stated that in the night of 28.06.2024 at about 3:30 a.m. when he was going to urinate then he found that door of the room of the deceased was open and when he saw from the side of the door then he found that applicant alongwith co-accused Shivam was committing his murder. 6. He further submits that witness Salim also stated when he heard the noise of the step of a lady then he returned back to his home. 7. He further submits that from the statement of the witness Salim, it also reflects, he informed about the incident to the informant but he did not disclose him that he saw the applicant while he was committing the alleged offence and therefore, it appears, he is not reliable witness. 8. He further submits that however, apart from the statement of Salim, statement of Pooja W/o Avadhesh was also recorded and also reiterated the version of the statement of the Salim but she also appears to be chance witness and her statement also does not appear to be convincing. 9. He further submits that except the statements of Salim and Pooja, there is no evidence against the applicant on record. 10. He further submits that applicant is having no criminal history and he is in jail in the present matter since 02.07.2024 i.e. for last more than seven months. 11. Per contra, learned AGA opposed the prayer for bail and submits that it is a case of double murder and there are two eye- witnesses and they categorically stated that they witnessed the applicant while he was committing the murder but he could not dispute the fact that both the witnesses are chance witnesses and their statements do not appear to be convincing. 12. He further could not dispute the fact that except the statements of Salim and Pooja, there is no evidence against the applicant on record. 13. I have heard learned counsel for both the parties and perused the record of the case. 14. However, it is a case of double murder and there are two eye- witnesses account but from perusal of the statements of these two eye-witnesses, it reflects, they were chance witnesses. 15. Further, the manner in which they narrated story in their statements, their statements do not appear to be convincing. 16. Further, from the statement of eye-witness Salim, it reflects that he although informed the informant about the incident but according to him, he did not even disclose the name of the applicant and co-accused Shivam to him and considering this fact also prima-facie, his statement appears to be doubtful. 17. Further, applicant is having no criminal history and he is in jail in the present matter since 02.07.2024 i.e. for last more than seven 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- Pankaj Kumar Patel, 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 :- 10.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad