Neutral Citation No. - 2025:AHC:31920 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47360 of 2024 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Geetam Singh, learned counsel for the applicant and Shri Ajeet Madhesiya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in S.S.T. No.1773 of 2024, arsing out of Case Crime No.309 of 2024, under Section 302, 34, 201, 364, 394, 411 I.P.C., Police Station Bisauli, District Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 25.05.2024 against unknown person and according to the FIR, on 24.05.2024 son of the informant aged about fourteen years had gone from his home on E-rickshaw and thereafter he did not return. 4. Learned Senior Counsel for the applicant submits that initially FIR of the present case was under Section 363 I.P.C. but after recovery of the dead-body (skeleton) of the son of the informant case was converted under Section 302 I.P.C. 5. He further submits that nobody was named in the FIR but during investigation, on the basis of the information furnished by the police informer, applicant has been made accused in the present matter and as per prosecution, after his arrest, on his pointing out dead-body (skeleton), E-rickshaw and batteries of the deceased were recovered but from perusal of the recovery memo, which has been filed alongwith the instant bail application, it reflects, entire recovery is false and planted one. He further submits, it appears, recovery was made from a place, which was accessible to all. 6. He further submits that even considering the fact that on the basis of information furnished by police informer without any evidence, applicant has been made accused, the entire recovery becomes doubtful. 7. He further submits that except the above recoveries and confessional statement of the applicant, there is no other cogent evidence against him on record. 8. He next submits that the applicant is having no criminal history and he is in jail in the present matter since 29.05.2024 i.e. for last more than nine months. 9. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. It is a case of circumstantial evidence and it appears during investigation, applicant has been made accused in the present matter through the information furnished by police informer and however, as prosecution, on his pointing out dead-body (skeleton), E-rickshaw and batteries of the deceased were recovered but considering the manner of implication of the applicant in the present matter through the information furnished by police informer, the argument advanced by learned counsel for the applicant that considering this fact even the entire recovery becomes doubtful, cannot be ruled out at this stage. 12. Further, even from the recovery memo, it reflects, recoveries were made from a place, which was accessible to all. 13. Further, except the recoveries and confessional statement of the applicant, there is no other corroborative evidence against him on record, which can connect him with the instant crime. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 29.05.2024 i.e. for last more than nine months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Ankit, 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. 18. 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. 19. 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 :- 5.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad