Neutral Citation No. - 2025:AHC:78739 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13143 of 2025 Applicant :- Nitin @ Panda Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Singh Tomar, learned counsel for the applicant and Sri Jhamman Ram291, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 291 of 2024, under Sections 103(1), 191(2), 191(3), 190 BNS, Police Station Binauli, District Baghpat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and as per FIR, co-accused Neeraj and Montu have been taken the son of the informant from his home alongwith others and subsequently his dead body was found but surprisingly when statement of the informant was recorded during investigation then he alongwith main accused also disclosed the name of the applicant and stated that actually applicant and named co-accused and one another had taken the deceased from his house and this fact suggests that during investigation, informant falsely implicated the applicant in the present matter as if applicant also would have taken the deceased from his house alongwith named accused then informant would have definitely disclosed his name in the FIR. 4. He further submitted that however, some other witnesses also reiterated the version of the informant recorded under section 180 BNSS but as their statements were recorded after the statement of the informant therefore, no reliance can be placed on their statements with regard to the applicant. 5. He further submitted that except the evidence of last seen, there is no other evidence against the applicant on record. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 14.12.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and as per statement of the informant and other witnesses, applicant alongwith others had taken the deceased from his house and subsequently his dead body was found but it reflects that applicant was not named in the FIR and his name was surfaced through the statement of the informant and considering this fact, argument advanced by learned counsel for the applicant with regard to implication of applicant, cannot be ruled out, at this stage. 10. Further, except the evidence of last seen, there is no evidence against the applicant on record. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 14.12.2024. 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-Nitin @ Panda, 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 :- 14.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad