Neutral Citation No. - 2025:AHC:19200 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46548 of 2024 Applicant :- Sajid Alias Lambu Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shiv Shanker Mishra, 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. 94 of 2024, under Sections 302, 504 IPC, Police Station- Civil Lines, District- Moradabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 03.02.2024 against applicant and according to FIR, husband of the informant used to commit offences and he started living at the railway platform where he developed relationship with the applicant and on 01.02.2024, applicant committed his murder. It is further mentioned in the FIR that one Zubair informed this fact to the informant. 4. Learned counsel for the applicant submitted that admittedly informant is not an eye-witness and entire prosecution case is based on the alleged information given by Zubair. He further submitted that when the statement of Zubair was recorded then however, he stated that he witnessed the applicant when he was committing the murder of the deceased but his statement does not appear to be convincing as neither date nor time of the incident has been disclosed by him. 5. He further submitted that actually it appears to be a case of blind murder and subsequently after the death of the deceased, applicant has been made accused in the present matter as sometimes he was seen along with the deceased. 6. He further submitted that from the post-mortem report, which was conducted on 03.02.2024 at 3:35 p.m. in the afternoon, it reflects that deceased died about a day before, therefore, as per post-morted report, deceased might have died on 02.02.2024 in the afternoon about 3:30 p.m. but as per the FIR, applicant committed the murder of the deceased on 01.02.2024 in the night and this fact also falsifies the allegation levelled against the applicant. 7. He further submitted that however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence. He further submitted that in the present matter, applicant is in jail since 04.02.2024 i.e. for last more than a year. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per sole eye-witness Zubair, applicant is the person, who caused injury to the deceased due to which he died but from his statement, which has been annexed along with the instant bail application, it could not be even reflected that what was the date and time of incident and considering this fact, the argument advanced by learned counsel for the applicant that statement of sole eye-witness Zubair does not appear to be convincing, cannot be completely ruled out at this stage. 11. Further, as per FIR, applicant committed the murder of the deceased on 01.02.2024 in the night but post-mortem report suggests that deceased might have died on 02.02.2024 at 3:30 p.m. and, therefore, there are material contradiction in the version of the FIR and the post-mortem report, as far as, time of death of the deceased is concerned. 12. Further, it appears that except the statement of Zubair, there is no other cogent evidence against the applicant. 13. Further, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present matter, applicant is in jail since 04.02.2024 i.e. for last more than a year. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Sajid Alias Lambu 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. 17. 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. 18. 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 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad