Neutral Citation No. - 2025:AHC:68545 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2659 of 2025 Applicant :- Rohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Chahar,Udyan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rohit Kumar, seeking enlargement on bail in Case Crime No. 57 of 2024, under Sections 363, 364 IPC and Section 4/25 Arms Act, Police Station Nagal, District Bijnor. 3. The allegation made in the FIR is that the the informant along with his famikloy members has been living in Jalandhar Punjab for the last 10 years and working there. His wife Poonam went missing from Jalandhar for last five months, she has taken his younger son Jitendra with her. His wife Poonam was murdered by Rohitash with collusion of his family members but were abut of his son could not known as yet, he has apprehension that his son has been kept at some place, therefore, he may be recovered. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 15.03.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has come into light during course of investigation. The applicant was arrested on 15.03.2024 and on his pointing out a knife and alleged abducted child namely Jitendra was recovered. It is submitted that the alleged recovery has been made in a place abut there is no independent witness of the alleged recovery except the police person. The charge sheet has been submitted by the police before the court concerned and upon which, the court below has taken cognizance on 10.06.2024. It is further submitted that there is no public or independent eye witness of the said occurrence and on the basis of his confessional statement he has been made accused. No role has been assigned to the applicant. Nothing incriminating has been recovered from his possession and there is no direct or indirect evidence against him and he has no motive to commit such a heinous crime. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant,Rohit Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 29.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad