Neutral Citation No. - 2025:AHC:61661 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10024 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shipra Kureel,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Shipra Kureel, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.60 of 2021, under Sections 302, 364-A I.P.C., Police Station Sarnath, District Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Section 363 I.P.C. against unknown person with regard to missing of the son of the informant aged about nine years but subsequently after recovery of the dead- body of the son of the informant, case was converted under Section 302 I.P.C. 4. She further submits that as per prosecution, informant also received a letter before recovery of the dead-body of his son and on this basis, Section 364-A I.P.C. has also been added. She further submits, however, in the letter received by the informant demand of ransom of Rs.50,000/- was made but there is no evidence that informant paid any money to anyone. 5. She further submits that during investigation, applicant has been made accused in the present matter on the basis of the fact that in one CCTV Footage he was seen while he was going in front of the deceased. She further submits, from the details of the CCTV Footage, it reflects, deceased was going behind the applicant and merely on the basis of this fact, it cannot be said that applicant committed the murder of the son of the informant. 6. She further submits, except the above CCTV Footage and confessional statement of the applicant, there is no other evidence against him on record. 7. She further submits that applicant is having no criminal history and he is in jail in the present matter since 07.02.2021 i.e. for last more than four years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, it reflects, it is a case, in which son of the informant aged about nine years has been murdered and before his death, ransom of Rs.50,000/- was also made but there is no evidence that informant paid any money to anyone. 11. Further, it appears, applicant has been made accused in the present matter during investigation through a CCTV Footage but from the CCTV Footage, it could only be reflected that deceased was going behind the applicant and considering this fact, the argument advanced by learned counsel for the applicant, cannot be completely ruled out at this stage. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 07.02.2021 i.e. for last more than four years. 13. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his/her bail application should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Dharmendra Kumar, 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 :- 23.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad