Neutral Citation No. - 2025:AHC:40167 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9325 of 2025 Applicant :- Himanshu Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Satyam Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder, 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.505 of 2024, under Section 103(1) BNS, Police Station Chandausi, District Sambhal during pendency of the trial. 3. FIR of the present case was lodged against the applicant and co- accused Sachin alias Munna on 5.11.2024 and according to the FIR, on 12.9.2024 in the afternoon applicant and co-accused Sachin alias Munna had taken the son of the informant but he did not return and subsequently his dead body was found near a Crossing. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter. 5. He further submits that however, as per allegation applicant and co-accused had taken the deceased and thereafter he did not return but this allegation is pertinently false and this fact is even evident from the FIR itself as it appears that FIR of the present case was lodged after more than one and half months. 6. He further submits that even from the post mortem report of the deceased,it appears, his cause of death could not be ascertained and his viscera was preserved and as per his viscera report which has been annexed along with the instant bail application, he died due to consumption of alprazolam tranquilizer and, therefore, it appears that deceased used to take drug and due to overdose of drug, he died. 7. He further submits that there is no evidence against the applicant that he administered alprazolam tranquilizer to the deceased. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 10.2.2025. 9. Per contra, learned Brief Holder opposed the prayer for bail but could not dispute the argument on facts advanced by the 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 in the FIR applicant and co- accused had taken the son of the informant and thereafter his dead body was found but FIR of the present case was lodged after more than one and half months. 12. Further, from the post mortem report of the deceased it reflects that his cause of death could not be ascertained and his viscera was preserved and as per viscera report due to consumption of alprazolam tranquilizer he died and considering this fact the argument advanced by the learned counsel for the applicant, cannot be ruled out at this stage especially considering the fact that there is no evidence on record which can suggest that applicant administered alprazolam tranquilizer to the deceased. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 10.2.2025. 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-Himanshu 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 :- 20.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad