Neutral Citation No. - 2025:AHC:5241 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47016 of 2024 Applicant :- Prempal Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rama Shankar Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.224 of 2024, under Sections 103(1), 3(5) & 61(2) BNS, Police Station Kakor, District Bulandshahar during pendency of the trial. 3. FIR of the present case was lodged on 12.7.2024 against unknown persons and according to the FIR, in the intervening night of 11/12.7.2024 some unknown persons committed the murder of the father of the informant. 4. Learned counsel for the applicant submits that applicant is the son-in-law of the deceased and during investigation he has been made accused in the present matter only due to suspicion with the aid of Section 61(2)BNSS. 5. He further submits that applicant is Constable in Indian Army and he is posted in Pune (Maharashtra) and admittedly on the date of incident he was in Pune on his duty. 6. He further submits that except suspicion there is no cogent evidence against the applicant on record. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 13.8.2024. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that except suspicion there is no other cogent evidence against the applicant on record and admittedly at the time of incident applicant was in Pune. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record it reflects that nobody was named in the FIR and during investigation on the basis of suspicion, applicant, who is son-in-law, of the deceased has been made accused in the present matter with the aid of Section 61(2) BNSS and it also reflects that there is no cogent evidence against the applicant on record with regard to conspiracy. 11. Record also suggests that applicant is Constable in Indian Army and he is posted in Pune (Maharashtra) and on the date of incident he was in Pune. 12. Further, applicant is not having any previous criminal history and he is in jail the present matter since 13.8.2024. 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-Prempal 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad