Neutral Citation No. - 2025:AHC:71686 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12004 of 2025 Applicant :- Rajnesh @ Nanhe Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Two supplementary affidavits filed on behalf of the applicant is taken on record. 2. Heard Sri Mahendra Singh, learned counsel for the applicant and Sri Manav Chaurasiya, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.27 of 2024, under Section 103(1) B.N.S., Police Station Zarifnagar, District Budaun, during pendency of the trial. 4. Learned counsel for the applicant submits that FIR of the present case was lodged against three persons (non-applicant) with regard to the murder of the brother of the informant but during investigation, on the basis of the information given by police informer, applicant has been made accused in the present matter. 5. He further submits that as per prosecution when I.O. recorded the statements of the witnesses Ompal and Omprakash then they claimed themselves to be eye-witnesses and stated that they witnessed that applicant and deceased were fighting with each other. He further submits, but statements of these witnesses were recorded after 56 days, therefore, no reliance can be placed on such belated statements. 6. He further submits that even post-mortem report shows that deceased died due to strangulation, therefore, post-mortem also does not corroborate the statements of above alleged eye- witnesses. 7. He further submits that applicant is real brother of the deceased and during investigation on the basis of false allegation, he has been made accused in the present matter. 8. He further submits that however, apart from the present case,applicant is having criminal history of one another case but that case relates to minor offences and he is in jail in the present matter since 10.02.2025. 9. Per contra, learned AGA opposed the prayer for bail and submits that however, name of the applicant could not be disclosed in the FIR but he is the brother of the deceased and during investigation when statements of eye-witnesses Ompal and Omprakash were recorded then they stated that they witnessed the applicant that he was making assault upon his brother i.e. deceased and post- mortem report also suggests that deceased died due to strangulation and he sustained number of injuries but he could not dispute the fact that statements of these two eye-witnesses were recorded after almost two months. 10. He further could not dispute the fact that except the statements of above alleged two eye-witnesses, there is no other cogent evidence against the applicant on record. 11. I have heard both the parties and perused the record of the case. 12. However, as per allegation, applicant is the brother of the deceased and he committed his murder by strangulating him and incident has also been witnessed by two-witnesses Ompal and Omprakash but applicant was not named in the FIR and statements of above eye-witnesses were recorded after 56 days and considering these facts, the argument advanced by learned counsel for the applicant that no reliance can be placed on such belated statements, cannot be completely ruled out. 13. Further, except the statements of above alleged two eye- witnesses, there is no other cogent evidence against the applicant on record. 14. Further, however, apart from the present case,applicant is having criminal history of one another case but that case relates to minor offences and he is in jail in the present matter since 10.02.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Rajnesh @ Nanhe 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. 18. 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. 19. 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad