Neutral Citation No. - 2025:AHC:39524 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9064 of 2025 Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Prem Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Sri Daksh Yadav, Advocate filed his power on behalf of the informant which is taken on record. 3. Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Prem Narayan Singh, learned counsel for the applicant; Sri Daksh Yadav, learned counsel for the informant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 684 of 2024, under Sections 140(1), 238, 103(1) BNS, Police Station Baraut, District Baghpat, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person but during investigation, on the basis of statement of the informant, applicant has been made accused in the present matter. 6. He further submitted that from perusal of the statement of the informant recorded during investigation which has been annexed at page-31 of the paper book, it reflects one Inam s/o Yamin informed him that on 16.10.2024, he witnessed the applicant and three others while they were alongwith the deceased. 7. He further submitted that after the statement of the informant when the statement of Inam was recorded then he also reiterated the version of the informant but his statement was recorded after 24 days and therefore, no reliance can be placed on such version. 8. He further submitted that even except the statement of Inam with regard to the last seen evidence, there is no other evidence against the applicant on record. 9. He further submitted that as per prosecution, deceased died after 16.10.2024 but from perusal of the post mortem report which was conducted on 19.10.2024 deceased died about 4-6 days before and this fact again fully falsifies the prosecution case that deceased died after 16 October, 2024. 10. He further submitted that it is a case of circumstantial evidence but there is no cogent evidence against the applicant on record which can connect him with the instant crime. 11. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 26.11.2024. 12. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 13. I have heard learned counsel for the parties and perused the record of the case. 14. It is a case of circumstantial evidence and it reflects that during investigation, applicant has been made accused in the present matter on the basis of evidence of last seen but considering the statements of informant and witness Inam recorded during investigation, the evidence of last seen appears to be unconvincing. 15. Further, it appears even post mortem report also belies the case of the prosecution that deceased died after 16.10.2024. 16. Further, applicant is having no criminal history and in the present matter, applicant is in jail since 26.11.2024. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Shahrukh, 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. 20. 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. 21. 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 :- 19.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad