Neutral Citation No. - 2025:AHC:31329 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7561 of 2025 Applicant :- Rohit Alias Pilender Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Satish Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Satish Kumar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 340 of 2024, under Sections 103 (1), 3(5) B.N.S., Police Station-Narkhi, District-Firozabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged against two persons (non- applicant) and according to the FIR, with regard to the previous dispute on 28.09.2024 in the night nominated accused persons committed the murder of the son of the informant. 4. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation after two months investigating officer recorded the statements of four suspicious persons and they stated that they saw the applicant on the date of incident along with the deceased and thereafter, he has been made accused in the present matter. 5. He further submits, except the statement of the above four suspected persons there is no other evidence against the applicant on record. 6. He further submits merely on the basis of the statements of the above witnesses at this stage it cannot be said that applicant committed the murder of the deceased. 7. He further submits, applicant is not having any criminal history and he is in jail in the present matter since 10.12.2024. 8. Per contra, learned AGA 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 learned counsel for the parties and perused the record of the case. 10. From the record, it reflects applicant was not named in the FIR and during investigation after two months he has been made accused in the present matter on the basis of the statements of four persons and however from the statements of the above four persons which have been annexed along with the instant bail application, it reflects they witnessed the applicant along with the deceased on the date of incident but their statements do not appear to be convincing. Further, considering the fact that their statements were recorded after two months merely on the basis of their statements it is not safe to say that applicant was involved in the present matter. 11. Further, it appears except the statements of the above four persons there is no other evidence against the applicant on record. 12. Further, applicant is not having any criminal history and he is in jail in the present matter 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- Rohit Alias Pilender 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 :- 5.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad