Neutral Citation No. - 2025:AHC:67470 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5949 of 2025 Applicant :- Chirag Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 328 of 2024, under Sections 103(1), 238, 3(5) B.N.S., Police Station Simbhaoli, District Hapur during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation made in the FIR, applicant along with co-accused Danish had taken the deceased from his home and he did not return but entire allegation leveled against the applicant is totally false. 4. He further submits, however, during investigation when Investigating Officer recorded the statements of two witnesses Mohd. Imran and Javed then they tried to give the evidence of last seen but their statements do not appear to be convincing. 5. He further submits, however, apart from the above evidence of last seen, as per prosecution, when applicant was arrested then from his possession mobile phone of the deceased was recovered but entire recovery is false and planted one and even in absence of corroborative evidence merely on the basis of this recovery it cannot be said that applicant committed the murder of the deceased. 6. He further submits, except the above evidence there is no other evidence against the applicant on record. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 10.12.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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. It is a case of circumstantial evidence and it reflects, as per prosecution, applicant was last seen along with the deceased but statement of witnesses who gave the evidence of last seen do not appear to be convincing. 11. Further, however, apart from the evidence of last seen there is also evidence that from the possession of the applicant mobile phone of the deceased was recovered but this Court finds merit in the argument advanced by learned counsel for the applicant that in absence of any other corroborative evidence merely on the basis of such recovery at this stage it cannot be said that applicant committed the murder of the deceased. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 10.12.2024. 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 - Chirag 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 :- 30.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad