Neutral Citation No. - 2025:AHC:88600 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10786 of 2025 Applicant :- Dipanshu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Counsel for Opposite Party :- Rahul Singh Tomar,G.A. Hon'ble Sameer Jain,J. 1. Counter affidavits filed by State and informant are taken on record. 2. Heard Sri Abhishek, learned counsel for the applicant, Sri Rahul Singh Tomar, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 33 of 2025, under Sections 103(1), 238(a) BNS, Police Station- Phalavada, District- Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, when the statement of the informant was recorded then he disclosed the name of the applicant on the basis of suspicion and after that during investigation, Investigating Officer collected the evidence that applicant was last seen along with the deceased on the petrol pump and in the bank but except the evidence of last seen, there is no cogent and admissible evidence against the applicant on record. 5. He further submitted that merely on the basis of last seen evidence, it cannot be said that applicant committed the murder of the deceased. He placed reliance upon the judgment of the Apex Court passed in cases of Kanhaiyalal vs. State of Rajasthan (2014) 4 SCC 715 and Rambraksh vs. State of Chhattisgarh (2016) 12 SCC 251. 6. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 22.02.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that there is cogent evidence of last seen against the applicant but they fairly conceded, except the evidence of last seen, there is no cogent and admissible evidence against the applicant on record. 8. I have heard both the parties and perused the record of the case. 9. It is a case, in which, during investigation, applicant has been made accused and it reflects, except the evidence of last seen, confessional statement of the applicant and statements of other co- accused before the police, there is no cogent evidence against the applicant on record. 10. Considering the law laid down by the Apex Court in cases of Kanhaiyalal and Rambraksh (supras), the argument advanced by learned counsel for the applicant that merely on the basis of last seen evidence, applicant cannot be convicted in the present matter, cannot be completely ruled out at this stage. 11. Further, applicant is not having any criminal history and in the present matter, he is in jail since 22.02.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Dipanshu 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. 15. 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. 16. 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 :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad