Neutral Citation No. - 2025:AHC:42355 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9596 of 2025 Applicant :- Aftab Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri S.S.Shah, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.578 of 2024, under Section 103(1) BNS and Section 3/25 Arms Act (corresponding Section 302 IPC), Police Station Lohiya Nagar, District Meerut during pendency of the trial. 3. FIR of the present case was lodged on 19.11.2024 against the applicant and co-accused Sajid and according to the FIR, on 19.11.2024 at about 10.00 PM in the night co-accused Sajid has taken the son of the informant and when after some time he did not return then informant along with his brother started searching him and during search they heard the noise of fire arm and in the light of torch they witnessed that applicant and co-accused Sajid were running from the spot and co-accused Sajid was having pistol in his hand and at the place of incident his son was lying dead. 4. Learned counsel for the applicant submits that applicant is innocent and on the basis of false allegation he has been made accused in the present matter only because he is friend of co- accused Sajid. 5. He further submits that applicant is not having any concern with the instant matter. He further submits that admittedly applicant did not take the deceased along with him and prima facie story narrated by the informant in the FIR and in the statement recorded during investigation appears to be concocted one. 6. It is next submitted that except the statements of the informant and his brother, there is no other evidence against the applicant on record. 7. He further submits that even as co-accused Sajid was having pistol, therefore, it cannot be said that applicant committed the murder of the deceased. 8. He further submits that however, as per prosecution when applicant was arrested then from his possession one country made pistol was recovered but entire recovery is false and concocted one and the alleged pistol could not be connected with the instant crime. 9. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 21.11.2024. 10. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the parties. 11. I have heard learned counsel for the parties and perused the record of the case. 12. As per allegation, informant and his brother witnessed the applicant along with co-accused Sajid at the place of incident but story narrated by both the witnesses with regard to the allegation levelled against the applicant prima facie appears to be unconvincing. 13. Further, admittedly as per allegation co-accused Sajid had taken the deceased along with him and he was having pistol. 14. Further, except the statements of the informant and his brother, there is no other witness which could state against the applicant. 15. Further, however, as per allegation when applicant was arrested then from his possession country made pistol was recovered but merely on the basis of above recovery at this stage it cannot be said that applicant also involved in the present crime especially considering the fact that till date alleged pistol could not be connected with the instant crime. 16. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 21.11.2024. 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-Aftab 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 :- 24.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad