Neutral Citation No. - 2025:AHC:59196 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 645 of 2025 Applicant :- Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Kushwaha Counsel for Opposite Party :- Ajit Kumar Singh Chauhan,G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit and rejoinder affidavit filed on behalf of the applicant are taken on record. 2. Heard Shri Ajay Kumar, learned counsel for the applicant, Shri Pradeep Kumar, learned AGA for the State-respondent and Shri Ajit Kumar Singh Chauhan, learned counsel for the informant. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.464 of 2024, under Sections 302, 34, 120-B, 201 IPC, Police Station Tilhar, District Shahjahanpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however as per allegation, applicant alongwith others committed the murder of the son of the informant but entire allegation levelled against him is totally false. 5. He further submits that admittedly no one could see the real incident and except, the evidence of last seen, there is no other evidence against the applicant on record. 6. He further submits that FIR of the present case was lodged after more than one month and therefore, even evidence of last seen does not appear to be convincing. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 16.08.2024 i.e. for last more than eight months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, applicant alongwith others committed the murder of the son of the informant but it reflects, FIR of the present case was lodged after more than one month. 11. Further, there is no eye-witness account and it reflects, only evidence against the applicant is the evidence of last seen but considering the fact that there is delay in lodgment of the FIR of the present case of more than a month, it is apparent that evidence of last seen could only be surfaced after more than one month. Therefore, this Court finds merit in the argument advanced by learned counsel for the applicant in this regard. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 16.08.2024 i.e. for last more than eight months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Tinku, 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. 16. 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. 17. 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 :- 21.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad