Neutral Citation No. - 2025:AHC:68917 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8348 of 2025 Applicant :- Ashu Gaur Alias Ashutosh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Noor Muhammad, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Ashu Gaur Alias Ashutosh Singh, seeking enlargement on bail during trial in connection with Case Crime No.430 of 2020, under Sections 302, 201 & 120B I.P.C. registered at P.S. Kotwali Fatehgarh, District- Farrukhabad. 4. The F.I.R. of the matter was lodged on 03.12.2020 by Priyam Singh Chauhan against unknown person alleging therein that on 03.12.2020 when he reached Nekpur bridge he saw a person was lying on the left side of it in dead condition. It appeared that someone threw him after shooting on his chest. He immediately informed the police on Dial-100 on which the police came. He was in a dead condition. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the F.I.R. It is submitted that subsequently co-accused Rahul Yadav@Ghiri was arrested on 08.4.2021 in Case Crime No. 146 of 2021, under Sections 3/25 Arms Act and in his confessional statement the name of the applicant has surfaced, para-14 of the affidavit has been placed for the same. It is submitted that there is no recovery either from the possession or pointing out of the applicant, para-16 of the affidavit has been placed for the same. It is further submitted that applicant is involved in one other case being Case Crime No. 752 of 2020, U/ss 147, 148, 149, 307, 302, 427 I.P.C., Police Station Kotwali, District Mainpuri, and he has been summoned under B-warrant on 07.6.2021 in the present case, para-15 of the affidavit has been placed before the Court for the same. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted against the applicant and two other accused persons, para-2 and annexure no. S.A.-1 to the supplementary affidavit dated 17.4.2025 have been placed before the Court for the same. It is submitted that co-accused Piyush Mehrotra@Chikna@Baba and Rahul Yadav@Ghiri have been granted bail by other Benches of this Court vide order dated 02.2.2024 passed in Criminal Misc. Bail Application No.40403 of 2023 and vide order dated 06.4.2023 passed in Criminal Misc. Bail Application No.29161 of 2021 respectively, copies of the said orders have been placed before the Court which are taken on record. It is submitted that there is no eye witness to murder and the present case is a case of circumstantial evidence. It is argued that the applicant is in jail since 07.6.2021. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. There is no recovery of any incriminating material either from the possession or pointing out of the applicant. Co-accused have been granted bail by other Benches of this Court. The present case is a case of circumstantial evidence. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant-Ashu Gaur Alias Ashutosh Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 1.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad