Neutral Citation No. - 2025:AHC:72930 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9506 of 2025 Applicant :- Tushar Varma Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kishor Mishra,Sharad Rastogi Counsel for Opposite Party :- G.A.,Rama Shanker Mishra Hon'ble Sameer Jain,J. 1. Counter affidavit filed today on behalf of the applicant is taken on record. 2. Sri Rama Shanker Mishra, Advocate submits he has filed his power on behalf of the informant yesterday in the Registry of this Court and therefore, his name could not be shown in the cause list. However, he further submitted that he is ready to argue the matter. 3. Heard Sri Kamal Kishor Mishra, learned counsel for the applicant; Sri Sri Rama Shanker Mishra, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State- respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2024, under Sections 140 (1), 103(1), 238, 3(5) BNS, Police Station Tilhar, District Shahjahanpur, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that applicant was not named in the FIR and FIR of the present case was lodged against co-accused Vipin Gangwar but during investigation through the statement of co-accused Vipin Gangwar, names of the applicant and co-accused Shivam Gangwar were surfaced in the present matter. 6. He further submitted that however as per prosecution when applicant and co-accused Vipin Gangwar were arrested then on their pointing out skeleton of the deceased was recovered but from the perusal of the recovery memo which has been annexed as annexure-13 to the affidavit it reflects that the alleged recovery was made from an open field which was accessible to all and therefore, merely on the basis of such recovery it cannot be said that applicant involved in the present crime. 7. He further submitted that except the above recovery and confessional statement of the applicant and statement of the co- accused, there is no other evidence against the applicant on record. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 7.10.2024 i.e. for last more than six months. 9. Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that on the pointing out of the applicant and co-accused Vipin Gangwar, skeleton of the deceased was recovered, therefore, there is clinching circumstance against the applicant which connects him with the instant crime but they could not dispute the fact that from the recovery memo it reflects, recovery was made from a place which was accessible to all. 10. They could not dispute the other relevant arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant and others committed the murder of the deceased but applicant was not named in the FIR and during investigation his name was surfaced through the statement of the co-accused Vipin Gangwar who was named in the FIR. 13. Further however apart from the statement of the co-accused and confessional statement of the applicant as per allegation on the pointing out of the applicant and co-accused Vipin Gangwar, skeleton of the deceased was recovered but from the recovery memo, it reflects that the alleged skeleton was recovered from an open field which was accessible to all and considering this fact, argument advanced by learned counsel for the applicant, in this regard, at this stage, cannot be ruled out. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 7.10.2024 i.e. for last more than six months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Tushar Varma, 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. 18. 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. 19. 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 :- 6.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad