Neutral Citation No. - 2025:AHC:75373 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13627 of 2025 Applicant :- Rashid Alias Birana Opposite Party :- State of U.P. Counsel for Applicant :- Saroj Kumar Dubey,Surya Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 77 of 2024, under Sections 302 IPC, Police Station Khuldabad, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the murder of the son of the informant but surprisingly during investigation when statement of the informant was recorded then he raised suspicion against the applicant and merely on the basis of suspicion, applicant has been made accused in the present matter. 4. He further submitted that thereafter during investigation, investigating officer recorded the statement of one Mhd. Amin on 22.6.2024 and however, this witness claimed himself to be an eye witness and stated that he witnessed the applicant while he was making assault upon the deceased but his statement was recorded after 15 days and he appears to be a chance witness and therefore, no reliance can be placed on his statement. 5. He further submitted that however, as per prosecution when applicant was arrested then from the possession of the applicant, one knife was recovered but entire recovery is false and planted one. 6. He further submitted that except the above evidence, there is no other evidence against the applicant on record and merely on the basis of above evidence, at this stage, it cannot be said that applicant committed the murder of the deceased. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 10.6.2024 i.e. for last almost a year. 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 the parties and perused the record of the case. 10. However, FIR of the present case was lodged against unknown persons but during investigation when statement of Mhd. Amin was recorded then he claimed himself to be an eye witness and stated that applicant caused knife injury to the deceased but his statement was recorded after fifteen days. Further even from his statement it reflects he was a chance witness. Further even his statement was recorded after the statement of the informant and informant in his statement recorded during investigation had already disclosed the name of the applicant and considering all theses facts, arguments advanced by learned counsel for the applicant that no reliance can be placed on the statement of alleged eye witness Mohd. Amin can be ruled out, at this stage. 11. Further, however, apart from the statement of Mohd. Amin as per prosecution from the possession of the applicant one knife was recovered which allegedly used by him in the instant crime but without any other cogent corroborative evidence merely on the basis of such recovery at this stage, prima facie, it cannot be said that applicant involved in the commission of the instant crime. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 10.6.2024 i.e. for last almost a year. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Rashid Alias Birana, 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. 16. 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. 17. 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 :- 9.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad