Neutral Citation No. - 2025:AHC:37587 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8887 of 2025 Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shashi Kumar Mishra, 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. 102 of 2024, under Sections 302, 201, 120B IPC, Police Station Sakeet, District Etah during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged after recovery of the dead body of the deceased and as per allegation, applicant confessed his guilt and on his pointing out, decomposed dead body of the deceased and his belongings were recovered but entire recovery is false and planted and it appears that after recovery of the dead body and belongings of the deceased, they have been falsely shown are to be recovered on the pointing out of the applicant. 4. He further submits that even from the recovery memo, which is the FIR of the case itself it reflects that recovery was made from the public place which was accessible to all. 5. He further submits that merely on the basis of above recovery, it cannot be said that applicant committed murder of the deceased unless there is some other cogent and corroborative evidence against him, which is totally missing in the present matter. 6. He next submits that it is the case of circumstantial evidence and there is no circumstance against the applicant which can connect him with the instant crime. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.07.2024 i.e. for last more than seven months. 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 the case of circumstantial evidence and it appears that as per allegation, when applicant was arrested then he confessed his guilt and on his pointing out, decomposed dead body of the deceased and his belongings were recovered but from the recovery memo, which is the FIR of the case itself, it reflects that alleged recovery was made from the place which was accessible to all. Further, except the above recovery, there is no corroborative evidence against the applicant and considering this fact, the argument advanced by learned counsel for the applicant that merely on the basis of above recovery, it cannot be said that applicant committed alleged murder, cannot be ruled out, at this stage. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.07.2024 i.e. for last more than seven months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant -Govind 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. 15. 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. 16. 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 :- 17.3.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad