HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10440 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Shahrukh, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 16 of 2024 at Police Station Gadmukteshwar, District Hapur, under Sections 302, 201, 394, 411 of IPC. The applicant is in jail since 23.01.2024. The bail application of the applicant was rejected by the learned trial court on 27.01.2025. Sri Shahrukh, learned counsel for the applicant submits that the body of the deceased was discovered at a public place (near NH-9) on 07.01.2024. The body was identified by the kin of the deceased and the F.I.R. was lodged on 07.01.2024. The applicant was neither named in the F.I.R. nor in the statement of the first informant. The applicant was named in the statement of the co-accused before the police authorities while in the custody of the latter. The said statement insofar as it implicates the applicant is not admissible in evidence. The stolen vehicle which was the motive of the murder as per the owner was not recovered from the applicant. The owner of the vehicle Imran had earlier intimated the police authorities about the truck carrying the goods had not reached its destination point and was missing. The vehicle in which the stolen goods were recovered does not belong to the applicant. The applicant claims congruency in role and seeks parity in relief granted to the co-accused Nawajis, who has been granted bail by this Court on 01.08.2024 in Criminal Misc. Bail Application No. 25588 of 2024. The applicant has explained his criminal history of one case in the affidavit filed in support of the bail application. It is also contended that the applicant is a convenient Versus Counsel for Applicant(s) : Kushagra Srivastava, Shahrukh Counsel for Opposite Party(s) : G.A. Rihan .....Applicant(s) State of U.P. .....Opposite Party(s) scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rihan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 4, 2025 pks BAIL No. 10440 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad