Neutral Citation No. - 2025:AHC:3822 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46645 of 2024 Applicant :- Sandeep Kesharwani Opposite Party :- State of U.P. Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Thakur Prasad Dubey, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 158 of 2024, under Sections 137(2), 103, 238 BNS, Police Station- Mahewaghat, District- Kaushambi, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 20.08.2024 under Section 137(2) BNS against unknown person and according to FIR, on 19.08.2024 at about 7:00 hours son of the informant aged about nine years had gone somewhere and in spite of search, he could not be traced. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged against unknown person under Section 137(2) BNS but after three days when the dead body of the son of the informant was recovered then case was converted under Section 103 BNS. 5. He further submitted that during investigation when the first statement of the informant was recorded then he did not disclose the name of the applicant but when his second statement was recorded by the Investigating Officer then he very casually disclosed the name of the applicant by stating that applicant also involved in the present crime. He further submitted that except suspicion and bald allegation, there is no cogent evidence against the applicant on record. He further submitted that it is a case of circumstantial evidence and admittedly there is no eye-witness account of the incident. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 26.09.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of one another case but he fairly conceded, that case relates to minor offences under Sections 323 and 506 IPC. Learned AGA, however, could not dispute the other argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It appears that applicant was not named in the FIR and during investigation, from the second statement of the informant recorded by the Investigating Officer, he has been made accused in the present matter and it reflects that except suspicion, there is no cogent evidence against the applicant on record. Further, there is no eye-witness account. 10. Further, applicant is however, having criminal history of one case but that case is of petty offences and he is in jail in the present matter since 26.09.2024. 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- Sandeep Kesharwani 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 :- 8.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad