Neutral Citation No. - 2025:AHC:62094 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3172 of 2025 Applicant :- Shailesh Opposite Party :- State of U.P. Counsel for Applicant :- Saumitra Dwivedi Counsel for Opposite Party :- G.A.,Prabhat Chandra Sharma Hon'ble Sameer Jain,J. 1. Counter affidavit filed on behalf of the informant is taken on record. 2. Heard Shri Shaurya Krishna, Advocate holding brief of Shri Saumitra Dwivedi, learned counsel for the applicant, Shri Ajeet Madhesiya, learned Brief Holder for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.213 of 2024, under Sections 103(1) B.N.S., Police Station Sikandarpur Vaishya, District Kasganj, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 12.10.2024 against Smt. Radha and according to the FIR nominated accused Radha committed the murder of her husband in the intervening night of 09/10.10.2024. 5. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation when the statement of the informant was recorded then he disclosed the name of the applicant by stating that applicant was having illicit relationship with the wife of the deceased and therefore, he also involved in the present crime. 6. He further submits that during investigation however, I.O. also recorded statements of three witnessed, who stated that they witnessed the applicant while he was in the house of the deceased and they also witnessed that applicant and wife of the deceased i.e. co-accused Radha were assaulting the deceased but their statements were recorded on 15.11.2024 i.e. after more than a month. He further submits that even after perusing these statements, which have been annexed alongwith the instant bail application, it appears, these statements are not convincing one. 7. He further submits that except motive and statements of above three witnesses, there is no other evidence against the applicant on record. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 13.10.2024 i.e. for last more than six months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that as applicant was having illicit relationship with the wife of the deceased, therefore, he alongwith her committed his murder and while they were making assault upon the deceased three witnesses witnessed them but they could not dispute the fact that statements of these eye-witnesses were recorded after more than a month. 10. They further could not dispute the fact that except statements of above witnesses, there is no other evidence against the applicant on record. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, as per allegation, applicant was having illicit relationship with the wife of the deceased, therefore, he alongwith his wife committed his murder and from the record it also reflects that when during investigation, I.O. recorded statements of three witnesses Kuldeep, Akhilesh and Rajeev then they stated that they witnessed the applicant and co- accused Radha on the date of incident while they were making assault upon the deceased but their statements were recorded after more than a month. 13. Further, even after perusing the above statements of the witnesses, this Court finds merit in the argument advanced by learned counsel for the applicant that these statements are not appeared to be convincing one. 14. Further, except the above statements, there is no other cogent evidence against the applicant on record. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 13.10.2024 i.e. for last more than six months. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Shailesh, 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. 19. 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. 20. 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 :- 23.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad