Neutral Citation No. - 2025:AHC:11884 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45435 of 2024 Applicant :- Nizamuddin Malik Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant, Sri Sanjay Shukla, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 657 of 2024, under Sections 103(1), 238 BNS, Police Station- Khorabar, District- Gorakhpur, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 13.11.2024 against applicant and according to FIR, on 29.10.2024 at about 7:30 p.m. in the evening, applicant has taken the brother of the informant and thereafter, he did not return and on 12.11.2024 informant came to know that his dead body has been recovered. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and applicant never took the deceased on 29.10.2024 as alleged by the informant. 6. He further submitted that even as per prosecution, applicant has taken the deceased from his house on 29.10.2024 but FIR was lodged on 13.11.2024, therefore, there is inordinate delay of more than two weeks in lodging the FIR and this fact clearly suggests that it is based on false and frivolous facts. 7. He further submitted that from perusal of the post-mortem report of the deceased, which was conducted on 06.11.2024, it reflects that deceased died about seven days before and, therefore, as per post-mortem report, deceased might have been murdered on or around 31.10.2024, therefore, there is no proximity between evidence of last seen and time of death of the deceased. He further submitted that except the evidence of last seen, there is no other evidence against the applicant on record. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 21.11.2024. 9. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and except the evidence of last seen, it appears that there is no cogent evidence against the applicant on record. 12. Further, however, as per informant, applicant has taken the deceased on 29.10.2024 and thereafter he did not return but in spite of that he lodged the FIR on 13.11.2024 i.e. after two weeks. 13. Further, from perusal of the post-mortem report, which was conducted on 06.11.2024, it reflects that deceased might have died on or around 31.10.2024 and considering this fact, the argument advanced by learned counsel for the applicant that even there is no proximity between evidence of last seen and time of death of the deceased, cannot be completely ruled out. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 21.11.2024. 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- Nizamuddin Malik 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 :- 23.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad