Neutral Citation No. - 2025:AHC:65792 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5188 of 2025 Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashok Kumar Singh, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 295 of 2024, under Sections 302, 201, 323, 504 IPC, Police Station- Atrauli, District- Aligarh, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 25.05.2024 at about 23:27 hours against applicant and co-accused Gokul and according to FIR, on 23.05.2024 at about 7:30 p.m. in the evening, father of the informant went from his house and at 9:30 p.m., applicant and co-accused made assault upon him and thereafter, they have taken him and this fact has been witnessed by Deep Chand and Panna Lal and subsequently, dead body of father of the informant was recovered. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submitted that, however, as per FIR, two witnesses namely Deep Chand and Panna Lal, witnessed the applicant and co-accused, while they were making assault upon the deceased and in their statements recorded during investigation they also reiterated the version of the FIR but their statements do not appear to be convincing. 6. He further submitted that incident is said to have taken place on 23.05.2024 at about 7:30 p.m. but FIR was lodged on 25.05.2024 at about 9:30 p.m. i.e. after two days and this delay in lodging the FIR itself suggests that it is based on false facts and two false witnesses have also been introduced. 7. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 27.05.2024 i.e. for last more than 11 months. 8. Per contra, learned A.G.A., however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, due to assault made by applicant and co-accused, deceased died and incident of assault has been witnessed by two witnesses Deep Chand and Panna Lal and names of these two witnesses were also disclosed by the informant in the FIR but FIR was lodged after two days and no plausible explanation has been given by the informant in this regard. Considering this fact, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. Further, even statements of these witnesses do not appear to be convincing. 11. Further, applicant is not having any criminal history and in the present matter, he is in jail since 27.05.2024 i.e. for last more than 11 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- Yogesh 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad