Neutral Citation No. - 2025:AHC:78597 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14012 of 2025 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 325 of 2024, under Section 105 BNS, Police Station- Bita-2, District- Gautam Budh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR but admittedly, no one could see the real incident including informant and it appears, on the basis of last seen evidence, applicant has been made accused in the present matter. 4. He further submitted that however, as per allegation, applicant on the date of incident had taken the deceased in the evening and thereafter his dead body was recovered but entire allegation levelled against the applicant is totally false and applicant never took the deceased along with him. 5. He further submitted that even from the FIR and statement of the informant, it reflects, he could not disclose the time when applicant had taken the deceased from his house and this fact casts doubt on the alleged evidence of last seen. 6. He further submitted that except the last seen evidence, confessional statement of the applicant and recovery of alleged brick, there is no cogent evidence against him on record. 7. He further submitted that as evidence of last seen appears to be shaky, therefore, merely on the basis of recovery of brick, it cannot be said that applicant involved in the present crime. 8. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 12.08.2024 i.e. for last 9 months. 9. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. However, applicant is named in the FIR and as per allegation, he has taken the deceased from his home and thereafter caused his death but it reflects, there is no eye-witness account and entire prosecution story is based on last seen evidence and recovery of alleged weapon used in the crime i.e. brick on the pointing out of the applicant. 12. Further, as far as evidence of last seen is concerned, considering the version of FIR and statement of the informant, this Court finds merit in the argument advanced by learned counsel for the applicant that as the time when applicant had taken the deceased from his home has not been mentioned, therefore, evidence of last seen appears to be doubtful, cannot be completely ruled out at this stage. 13. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of recovery of brick, at this stage, it cannot be said that applicant involved in commission of present crime. 14. Further, applicant is not having any criminal history and in the present matter, he is in jail since 12.08.2024 i.e. for last 9 months. 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- Kuldeep 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 :- 13.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad