Neutral Citation No. - 2025:AHC:39688 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9241 of 2025 Applicant :- Kishori Lal Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Shailendra Pratap Singh, learned Advocate filed his power on behalf of the informant, today in the Court, which is taken on record. 2. Heard Sri Yogendra Pal Singh, learned counsel for the applicant, Sri Shailendra Pratap Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 354 of 2024, under Section 302 IPC, Police Station Jani, District Meerut during pendency of the trial. 4. FIR of the present case was lodged on 05.11.2024 against applicant, co-accused Vineet and some unknown persons and according to the FIR on 16.06.2024 at about 12:00 hours in the afternoon applicant had taken the brother of the informant and thereafter his brother did not return and subsequently his dead body was found. 5. Learned counsel for the applicant submits, however, in the FIR it is mentioned that on 16.06.2024 deceased had gone along with applicant but this fact is totally false and actually deceased had never gone along with the applicant. 6. He further submits, actually deceased on the date of incident went for taking bath and accidentally he died by drowning and this fact is even evident from the inquest report and post mortem report of the deceased, which have been annexed along with instant bail application. 7. He further submits, inquest of the deceased was conducted on 16.06.2024 at 10:00 PM in the night and in the inquest informant of the case was one of the inquest witness and as per inquest report deceased accidentally died due to drowning but next day on the basis of false allegation, informant moved an application against the applicant and this fact clearly suggests that applicant is innocent. 8. He further submits, even except the evidence of last seen there is no other evidence against the applicant on record. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.12.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation made against the applicant in the FIR it reflects, he had gone along with the deceased on 16.06.2024 in the afternoon at 12:00 PM and thereafter dead body of the deceased was recovered but it reflects, the FIR has been lodged on the basis of application moved by the informant dated 17.06.2024 after the inquest report and as per the inquest deceased died accidentally due to drowning and in the inquest proceedings informant of the case was one of the inquest witness and considering this fact, the submission advanced by learned counsel for the applicant that subsequently after the inquest on the basis of false allegation applicant has been made accused in the present matter cannot be ruled out. 12. Further, even it appears, except the evidence of last seen there is no other evidence against the applicant on record and considering the inquest report prima facie evidence of last seen appears to be doubtful. Further, even as per post mortem report deceased died due to drowning. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 26.12.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Kishori Lal 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. 17. 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. 18. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad