Neutral Citation No. - 2025:AHC:27507 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3484 of 2024 Applicant :- Himanshu @ Patha Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 609 of 2023 at Police Station-Baraut, District-Baghpat under Sections 147, 149, 364, 302, 201, 34 I.P.C. The applicant is in jail since 07.09.2023. The bail application of the applicant was rejected by the learned trial court on 18.12.2024. The following arguments made by Shri Nitin Srivastava, learned counsel assisted by Ms. Priti Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The deceased disappeared on 24.08.2023. The FIR was got lodged on 26.08.2023. 2. The applicant was not named in the F.I.R. 3. The applicant applicant had no concern or enmity with the missing person. 4. The applicant was nominated in the statement of co- accused made before the police authorities while in the custody of the latter. The said statement insofar as it implicates the applicant is inadmissible in evidence. 5. The CDR establish that during the relevant periods of time the applicant was present in Rajasthan, far away from the site of the incident. 6. Some articles of the deceased were planted on the applicant by the police investigators to burnish their credentials. 7. There is no independent witness to the recovery. 8. Prosecution evidence does not connect the applicant with the offence. 9. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 29.01.2024 in Criminal Misc. Bail Application No.1453 of 2024. 10. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 11. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Himanshu @ Patha be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 27.2.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad