Neutral Citation No. - 2025:AHC:39597 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2968 of 2025 Applicant :- Abhay Opposite Party :- State of U.P. Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hari Nath Chaubey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 260 of 2024, under Sections 115(2), 140(1), 103(1), 238 BNS, Police Station- Sajeti, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged after about two months against applicant and three others on the basis of suspicion that they have committed the murder of son of the informant. He further submitted that applicant is having no concern with the alleged crime. 4. He further submitted that even till date, dead body of the deceased could not be recovered, therefore, till date, it cannot be said that deceased has been murdered. 5. He further submitted that except suspicion, there is no cogent evidence against the applicant on record. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 14.09.2024 i.e. for last more than five months. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant has been named in the FIR of the present case along with three others but it reflects, FIR of the present case was lodged on the basis of suspicion and even the same was lodged after almost two months. Record further suggests that till date, not even dead body of the deceased i.e. son of the informant could be recovered. 10. Further, it appears, except suspicion, there is no cogent evidence against the applicant on record. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 14.09.2024 i.e. for last more than five months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Abhay 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. 15. 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. 16. 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 :- 19.3.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad