Neutral Citation No. - 2025:AHC:65880 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12544 of 2025 Applicant :- Omkar Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Tripathi Counsel for Opposite Party :- Abhay Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajendra Kumar Tripathi, learned counsel for the applicant, Sri Abhay Singh, learned counsel for the informant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 742 of 2024, under Section 103(1) BNS, Police Station Meerganj, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR but it reflects that merely on the basis of suspicion he has been made accused in the present matter. 4. He further submits that from the record it also reflects that FIR of the present case was lodged after more than seven days and, therefore, there is inordinate delay in lodgement of the FIR. 5. He further submits that however during investigation when the statements of some witnesses were recorded then they along with motive also stated that on 21.12.2024 in the evening they witnessed the deceased along with applicant but from their statements it reflects that they gave the evidence of last seen very casually and no reliance can be placed on such version and except the above evidence there is no cogent evidence against the applicant on record. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 30.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the close relative of the deceased and a dispute with regard to property was pending between them and only due to that dispute he committed the murder of the deceased but they could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to property dispute applicant committed the murder of the deceased but except the evidence of last seen it appears that there is no cogent evidence against the applicant on record and considering the statements of the witnesses, who provided the evidence of last seen it reflects that their statements do not appear to be convincing and this Court finds merit in the argument advanced by the learned counsel for the applicant that very casually they disclosed that they witnessed the applicant along with the deceased on 21.12.2024. Further, from their statements it also reflects that they did not even disclose the time when applicant was along with the deceased on 21.1.2.2024. 10. Further, it appears that except the above evidence of last seen and confessional statement of the applicant, there is no other evidence against the applicant on record. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 30.12.2024. 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-Omkar 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 :- 29.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad