Neutral Citation No. - 2025:AHC:10500 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45381 of 2024 Applicant :- Indrakesh Opposite Party :- State of U.P. Counsel for Applicant :- Jai Karan Nath Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Jai Karan Nath, learned counsel for the applicant, Sri Atul Kumar Kushwaha, learned Advocate holding brief of Sri Ram Shiromani Yadav, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 406 of 2024, under Sections 103(1), 238 B.N.S. and Section 25/27 Arms Act, Police Station Bilari, District Moradabad during pendency of the trial. 4. FIR of the present case was lodged against applicant and according to the FIR on 09.07.2024 at 7.00 PM in the evening applicant had taken the wife of the informant and subsequently her dead body was recovered. 5. Learned counsel for the applicant submitted that totally on the basis of false allegation, applicant has been made accused in the present matter and he never took the deceased as alleged. He further submits, even from the FIR it reflects that applicant in presence of the informant did not take the deceased from her house, therefore, it appears that FIR of the present case is based on false facts. 6. He further submits, however, during investigation Investigating Officer recorded the statement of witnesses Subhash and Jogendra who were relatives of the informant and they stated that they witnessed the applicant and co-accused Gagan along with deceased on 09.07.2024 at 7.00 PM but their statements were recorded on 24.07.2024 i.e. after two weeks, therefore, no reliance can be placed on their statements. 7. He further submits, even except the evidence of last seen, there is no other evidence against the applicant on record. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 13.07.2024 i.e. for last more than six months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that witnesses Subhash and Jogendra in their statements recorded during investigation stated that they witnessed the applicant and co- accused along with deceased before her death and applicant is also having motive to commit her murder but they could not dispute the fact that statements of both these witnesses were recorded after two weeks and except the evidence of last seen there is no other evidence against the applicant on record. 9. They further could not dispute the fact that applicant did not take the deceased from her house as alleged in presence of the informant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per FIR applicant had taken the deceased from her house and on 09.07.2024 at 7.00 PM but it reflects that informant could not witness this fact. 12. Further, however, during investigating Investigating Officer recorded the statements of two witnesses Subhash and Jogendra on 24.07.2024 and they stated that they witnessed the applicant and co-accused along with deceased on 09.07.2024 at about 7.00 PM but as their statements were recorded after two weeks and informant had already made the applicant accused in the FIR, therefore, contention raised by learned counsel for the applicant that no reliance can be placed on the statements of above witnesses cannot be completely brushed aside at this stage. 13. Further, except the evidence of last seen there is no other evidence against the applicant on record. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 13.07.2024 i.e. for last more than six months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Indrakesh 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. 18. 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. 19. 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 :- 22.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad