Neutral Citation No. - 2025:AHC:66634 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5344 of 2025 Applicant :- Gopal Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 335 of 2020, under Section 302 IPC, Police Station Beeta-II, District Gautam Budh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR but admittedly in this case, there is no eye witness account and from the FIR, it reflects that as according to the informant deceased i.e. his wife was having love affair with the applicant and his aunt witnessed the applicant on the date of incident while he was coming out from his house, therefore, FIR of the present case was lodged. 4. He further submitted that although FIR of the present case was lodged on 17.6.2020 at 17:25 hours but well before the FIR on 17.6.2020 at about 1:03 hours in the night on the information given by the informant regarding death of the deceased inquest was conducted and in this application, he did not raise any suspicion against the applicant and this fact suggests that subsequently after more than 12 hours, he cooked up the false story of last seen and implicated the applicant as he was having suspicion that applicant was having love affair with his wife i.e. deceased. 5. He further submitted that however the aunt of the informant and her husband reiterated the version of the FIR that they witnessed the applicant while he was coming out from the house of the deceased on the date of incident but their statements do not appear to be convincing and in the light of the information of death of the deceased given by the informant, their statement also appears to be doubtful. 6. He further submitted that except the above evidence of last seen and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 16.7.2021 i.e. for last more than three and a half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR but admittedly, there is no eye witness account and instant case is a case of circumstantial evidence and it reflects that except confessional statement of the applicant and evidence of last seen, there is no other evidence against the applicant on record and considering the fact that FIR of the present case was lodged after more than 12 hours from the time of information of the death of the deceased given by the informant in which he did not even disclose the name of the applicant, the story narrated by the informant in the FIR, prima facie, appears to be doubtful. 11. Further, however, aunt of the informant and her husband stated that on the date of incident they witnessed while applicant was coming out from the house of the deceased but their statements do not appear to be convincing. Further, even in the light of the above fact that information of death of the deceased was given by the informant well before lodgement of the FIR, their statements, prima facie, appears to be doubtful. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 16.7.2021 i.e. for last more than three and half years. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Gopal Gaur, 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. 16. 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. 17. 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 :- 29.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad