Neutral Citation No. - 2025:AHC:19173 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46378 of 2024 Applicant :- Mannu Alias Manveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Kumar Yadav,Vijeta Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Imran Khan, learned AGA, for the State, apprised the Court that on 18.12.2024 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant. 2. Heard Sri Mahendra Kumar Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.110 of 2023, under Sections 302,201 and 376 AB IPC and Section 5m/6 POCSO Act, Police Station Jaani, District Meerut during pendency of the trial. 4. FIR of the present case was lodged on 16.4.2023 against unknown persons and according to the FIR, on 14.4.2023 at about 8.00 AM in the morning informant had gone in the forest along with his wife and in his house his 2-1/2 years old daughter was present but when he returned then he could not find his daughter and next day on 15.4.2023 in the morning her dead body was found in the filed of one Mahendra son of Bhagwana. 5. Learned counsel for the applicant submits, during investigation on the basis of extra judicial confession of applicant before one Sonu Balmiki he has been made accused in the present matter after more than one and half months. 6. He further submits that after the statement of Sonu Balmiki Investigating Officer recorded the statement of one Iqramuddin on 7.6.2023 and he tried to give evidence of last seen against the applicant and stated, on 14.4.2023 in the evening he witnessed the applicant while he was along with one girl but as evidence of last seen also surfaced after about more than 1-1/2 months even after the statement of Sonu Balmiki, therefore, no reliance can be placed on such evidence. 7. It is further submitted, except above circumstances there is no other evidence against the applicant and on the basis of above evidence it cannot be said applicant committed the alleged crime. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 10.6.2023, i.e., for the last more than one and half years. 9. Per contra, learned AGA opposed the prayer for bail and submits that it is a case in which 2-1/2 years old infant girl was firstly raped and thereafter she was murdered but he could not dispute other argument on facts advanced by the 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 however, in the present matter it reflects that two and half years old girl was firstly raped and thereafter she was murdered but applicant has been made accused in the present matter after more than one and half months and only evidence against him is his extra judicial confession and evidence of last seen. Considering this fact, the submission advanced by the learned counsel for the applicant that merely on the basis of above evidences at this stage it cannot be said that applicant committed the alleged offences, cannot be ruled out. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 10.6.2023, i.e., for the last more than one and half years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Mannu @ Manveer 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. 16. 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. 17. 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 :- 10.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad