Neutral Citation No. - 2025:AHC:4084 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46600 of 2024 Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Vishnu Kant Tiwari Hon'ble Sameer Jain,J. 1. Heard Sri Vijay Singh Sengar, learned counsel for the applicant, Vishnu Kant Tiwari, learned counsel for the informant 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. 219 of 2024, under Sections 103(1), 238 BNS, Police Station- Kotwali Jalaun, District- Jalaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 17.07.2024 against applicant and three others and according to FIR, on 16.04.2024 at about 12:00 p.m. in the after noon, son of the informant had gone along with applicant and three others and at 8:30 p.m. in the night, his dead body was recovered from a well. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submitted that it is a case of circumstantial evidence and there is no eye-witness account and except the evidence of last seen, there is no cogent evidence against the applicant on record. He further submitted that merely on the basis of last seen evidence, it cannot be said that applicant committed the murder of the deceased along with others. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 21.07.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant and three others had taken the deceased at about 12:00 p.m. in the noon and thereafter at 8:00 p.m. in the night, his dead body was found in the well, therefore, it cannot be said that there is no evidence against the applicant but they fairly conceded that except the evidence of last seen, there is no cogent evidence against the applicant on record. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it appears that there is no eye-witness account and except the evidence of last seen, there is no other evidence against the applicant on record. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 21.07.2024. 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- Dheeraj 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