Neutral Citation No. - 2025:AHC:65676 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8360 of 2025 Applicant :- Ravi Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Mariya Khatoon,Ram Kesh Counsel for Opposite Party :- G.A.,Sunil Kumar Singh,Umapati Lal Hon'ble Sameer Jain,J. 1. Counter affidavit filed on behalf of the informant is taken on record. 2. Heard Shri Virendra Pratap Pal, Advcoate holding brief of Shri Ram Kesh, learned counsel for the applicant, Shri Pradeep Kumar, learned A.G.A. for the State-respondent and Shri Sunil Kumar Singh, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.369 of 2024, under Sections 103(1), 61(2), 140(2) of B.N.S., Police Station Saraikhwaja, District Jaunpur, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 29.09.2024 against unknown person, under Section 137(2) B.N.S. and according to the FIR, on 28.09.2024 at about 3:00 p.m. in the afternoon grandson of the informant had gone from his house but did not return and subsequently he gave a message on the mobile phone of his mother that he has been kidnapped. 5. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Section 137(2) B.N.S. but when on 01.10.2024 dead-body of the abductee was recovered then case was converted under Section 103 B.N.S. 6. He further submits that however no one could be named in the FIR but after three months when the statement of the uncle of the deceased was recorded, who resided in Bombay then he raised suspicion against the applicant and two others and thereafter applicant has been made accused in the present matter. 7. He further submits that during investigation, it was revealed that through mobile phone accused persons made demand of Rs.5,00,000/- but admittedly the mobile number, from which demand was made, was not of the applicant and except the statement of the co-accused and confessional statement of the applicant, there is no cogent evidence, which can connect him with the instant crime. 8. He further submits that applicant is having no previous criminal history to his credit and he is in jail in the present matter since 28.12.2024. 9. Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submit that it is a case of demand of ransom with murder and applicant is the principal accused and he alongwith other accused persons made demand of Rs.5,00,000/- but they could not dispute the fact that except the statement of the co-accused and confessional statement of the applicant, there is no cogent evidence, which can connect him with the instant crime. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, firstly deceased was kidnapped, who was aged about seventeen years and subsequently ransom of Rs.5,00,000/- was made and thereafter he was murdered and as per prosecution, applicant alongwith others involved in the crime and he was the persons, who made demand of ransom and thereafter committed his murder but from the entire material available on record, it appears, except the statement of the co-accused and confessional statement of the applicant, there is no cogent evidence, which can connect him with the instant crime. 12. Further, applicant is having no previous criminal history to his credit and he is in jail in the present matter since 28.12.2024. 13. Therefore, considering the entire 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- Ravi Prajapati, 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 :- 28.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad