Neutral Citation No. - 2025:AHC:5826 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47323 of 2024 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Santosh Kumar Yadav, 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. 33 of 2024, under Sections 302, 201, 392, 411, 120-B IPC, Police Station- Mujariya, District- Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 11.02.2024 against unknown persons and according to FIR, on 04.02.2024 son of the informant aged about 18 years missed somewhere and in this regard, he lodged a missing report and on 11.02.2024, his dead body was recovered. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person and during investigation, applicant has been made accused in the present matter on the basis of statement of co-accused Ikbal. 5. He further submitted that as per prosecution, when applicant was arrested then he confessed his guilt and on his pointing out, two batteries of e-Rickshaw of the deceased were recovered. He further submitted that except the above evidences, there is no evidence against the applicant on record. He further submitted that merely on the basis of above circumstances, it cannot be said that applicant committed the murder of the deceased. 6. He further submitted that however, applicant was not having any previous criminal history but when he was arrested in the present matter then he has been made accused in police party encounter no injury case under Section 307 IPC, in which, applicant is on bail. 7. He further submitted that applicant is in jail in the present matter since 14.02.2024 i.e. for last almost 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. It appears to be a case of circumstantial evidence and only evidence against the applicant is his confessional statement, statement of co-accused and recovery of two batteries of e- Rickshaw of the deceased and except this, there is no evidence against the applicant on record. In view of this Court, at this stage, it cannot be said that the alleged recovered batteries belong to e- Rickshaw of the deceased and even merely of the basis of above evidences, at this stage, it cannot be said that, applicant is the person, who committed murder of the deceased. 11. Further, however, apart from the present case, it appears that applicant is having criminal history one another case under Section 307 IPC but it was police encounter no injury case, in which applicant was made accused when he was arrested in the present matter and it appears that applicant was not having any previous criminal history to his credit. 12. Further, applicant is in jail in the present matter since 14.02.2024 i.e. for last almost a year. 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- Gaurav 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 :- 10.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad