Neutral Citation No. - 2025:AHC:79158 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13232 of 2025 Applicant :- Rajesh Dhuriya Opposite Party :- State of U.P. Counsel for Applicant :- Ghanshyam Pandey,Karuna Shankar Shukla,Kiran Kumari Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Ghanshyam Pandey, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0024 of 2025, under Sections 103(1), 3(5) B.N.S. and 3/25, 7/27 of Arms Act, Police Station Pawai, District Azamgarh during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR along with others but admittedly on the basis of suspicion he has been made accused in the FIR of the present case and informant of the case was not an eye witness. 5. He further submits, there is no eye witness account and when the statement of one Pradeep Kahar was recorded then he although stated that after hearing noise of the fire he witnessed that applicant was running from near the spot but his statement does not appear to be convincing. 6. He further submits, however, as per prosecution, deceased and applicant had mobile conversation before the alleged incident but merely on this basis, it cannot be said that applicant committed the murder of the deceased. He further submits, there is no cogent evidence against the applicant which can connect him with the instant crime. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 01.02.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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, applicant is named in the FIR but it reflects, on the basis of suspicion he has been made accused in the present matter. 11. Further, however, from the statement of witness Pradeep Kahar it reflects, he witnessed the applicant near the place of incident but he could not also witnessed the real incident and even his statement does not appear to be convincing. 12. Further, although apart from the statement of Pradeep Kahar as per prosecution, there is also evidence that applicant had mobile conversation with the deceased before the incident but this Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of this fact, it cannot be said that applicant committed the murder of the deceased. 13. Further, except above evidence there is no evidence against the applicant on record. Further, applicant is not having any criminal history and in the present matter he is in jail since 01.02.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Rajesh Dhuriya 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. 17. 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. 18. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad