Neutral Citation No. - 2025:AHC:4482 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46940 of 2024 Applicant :- Pooran Singh Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Shahi,Rajneesh Tripathi Counsel for Opposite Party :- Anurag Dubey,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar Shahi, learned counsel for the applicant; Sri Anurag Dubey, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 52 of 2024, under Sections 302 and 201 IPC, Police Station Bhogaon, District Mainpuri, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 25.1.2024 against four persons (non applicants) and from perusal of the FIR, it reflects that informant lodged FIR against named accused persons on the basis of suspicion with regard to murder of his brother. 4. Learned counsel for the applicant submitted that applicant is phupha of the deceased and during investigation on the basis of false allegations, he has been made accused in the present matter. 5. He further submitted that after four days police informer informed the Investigating Officer that applicant might have been involved in the present matter and thereafter when the statement of the elder brother of the deceased was recorded by the Investigating Officer then he disclosed that there was dispute between deceased and the applicant and his family members and thereafter applicant has been made accused in the present matter. 6. He further submitted that except alleged motive that dispute arose between applicant & deceased and suspicion there is no other evidence against the applicant on record. 7. He further submitted that it is case of circumstantial evidence and there is no eye witness account and prosecution miserably failed to connect the applicant with the present matter. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 8.8.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, it is a case of circumstantial evidence but during investigation it was revealed that location of mobile phone of the applicant was also near the place of incident where dead body of the deceased was recovered. They further submitted that even location of the mobile phone of other co-accused was also found at that place and therefore, it cannot be said that there is no evidence against the applicant on record. 10. Learned AGA further pointed out that apart from the present case, applicant is having criminal history of one another case which he did not explain in the instant bail application but he fairly conceded that case relates to minor offences under sections 323, 504 and 506 IPC. 11. I have heard learned counsel for the parties and perused the record of the case. 12. It appears to be a case of circumstantial evidence and during investigation applicant has been made accused in the present matter and from the record it reflects that initially applicant has been made accused on the basis of suspicion but as per prosecution during investigation it was also found that location of the mobile phone of the applicant and other accused persons were near the place where dead body of the deceased was recovered but in view of this Court merely on this basis, at this stage, it cannot be said that applicant committed the murder of the deceased. 13. Further, law is settled that even, if, there is strong suspicion against the accused but suspicion cannot take place of proof. 14. Further, from the record it reflects that except location of the mobile phone of the applicant, at the place, where dead body of the deceased was recovered, there is no other cogent evidence against the applicant on record. 15. Further apart from the present case, it appears applicant is having criminal history of one another case but that case relates to minor offence under sections 323, 504 and 506 IPC. 16. Further, in the present matter applicant is in jail since 8.9.2024. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Pooran Singh, 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. 20. 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. 21. 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 :- 9.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad