HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26684 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri N.I. Jafri, learned Senior Advocate, assisted by Sri Sadrul Islam Jafri, learned counsel for the applicant, Sri Mohd Faiz, Sri Irshad Ahmad, learned counsels for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. Despite names Sri Mohd Faiz, Sri Irshad Ahmad being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Furkan, seeking enlargement on bail during trial in connection with Case Crime No.09 of 2025, under Section(s) 103, 238, 61(2) B.N.S. and Section 3/25/25 Arms Act, registered at P.S. Simbhawali, District- Hapur. 5. The F.I.R. of the matter was lodged on 11.01.2025 at 20:57 hours by Srichand against unknown persons alleging therein that he is chaukidar of village- Faridpur Simbhawali, Police Station- Simbhawali, District Hapur. On 11.01.2025 he was coming to his village- Simbhawali through new highway going from village Sikheda to Delhi-Moradabad. At about 10:00 a.m. when he reached near under construction bridge of Ganga Expressway he found that by the side of the highway one unknown person aged about 25-30 years is lying in a burnt condition. On seeing him, it looks like the said person had been murdered somewhere and in order to conceal his identity, dead body had been burnt. He then tried to get information about it from village and kasba Simbhawali but body could not be identified. His report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been Versus Counsel for Applicant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Opposite Party(s) : G.A., Irshad Ahmad, Mohd Faiz Furkan .....Applicant(s) State of U.P. .....Opposite Party(s) falsely implicated in the present case. It is submitted that a missing report was lodged by Nazim Khan at Police Station Welcome, District North East Delhi on 13.01.2025 at 16:57:29 hours which was recorded therein in GD No: 0074A alleging therein that his younger brother Nasir Khan @ Lalu went from the house on 10.1.2025 without informing anyone at about 11:00 p.m. and has not returned back. No information about him is coming. He was searched a lot but could not be traced. His missing report be lodged. It is submitted that subsequently the present F.I.R. was lodged on the basis of which inquest on the said dead body was conducted as an unknown dead body and the post mortem of it was conducted on 11.1.2025 at 04:10 p.m. as unknown (Male) wherein the doctor found superficial to deep burn present all over body except middle of back & lower back & B/L buttok & posterior aspect of right leg & right foot with lateral aspect of left lower limb and left foot and burn was identified around 90 % of surface and a firearm wound of entry was found present over the left temporal region of the head and cause of death was opined as firearm injuries to head due to burn described in the post mortem report in nature. Viscera was preserved to rule out any co-existent intoxication. It is submitted that the applicant is not named in the F.I.R. and even in the missing report. Subsequently for the first time on 15.1.2025 name of the applicant and co-accused Amir surfaced in the matter in an information given by the police informer to the police, stating that he has come to know that they are involved in the matter and the matter be investigated. It is submitted that then supplementary statement of Nazim Khan the brother of the deceased and Smt. Arshi the wife of the deceased was recorded on 16.1.2025 wherein they stated that they have heard from Aslam Khan and Dulari Mia that they have last seen the deceased with the applicant and the co-accused on 10.1.2025 at about 08:00 p.m. together. It is submitted that subsequently Aslam Khan and Dulari Mia were interrogated on 16.1.2025 and their statements were recorded who stated of seeing the applicant and the co-accused and the deceased on 10.1.2025 at about 8:00 p.m. together. It is submitted that the said evidence does not transpire confidence at all inasmuch as missing report lodged by Nazim Khan the brother of the deceased on 13.1.2025 stated that the deceased went from the house on 10.1.2025 at about 11:00 p.m. and is missing since then. It is submitted that thus the story of the applicant and the co- accused being last seen with the deceased on 10.1.2025 at about 8:00 p.m. is a falsity. It is submitted that the present case is circumstantial in nature in which links in the chain of circumstances are conspicuously missing. It is further submitted that there is no eye witness to the incident. While placing para-27 of the affidavit it is further submitted that there was an evidence of a car bearing number DL 8C AY 1648 seen crossed the Highway Toll Barrier both ways but the applicant is not the owner of the said vehicle and the said vehicle is registered in the name of one Mohammad Afroz. The applicant is having no other criminal antecedents as stated in para- 32 of the affidavit and is in jail since 18.1.2025. 7. Per contra, learned State counsel and learned counsel for the first BAIL No. 26684 of 2025 2 informant vehemently opposed the prayer for bail and submitted that in so far as evidence in the present matter is concerned at the first instance the evidence of last seen has been brought forward wherein the applicant, the co-accused and the deceased were seen together on 10.1.2025 at 08:00 p.m. by Aslam Khan and Dulari Mia who have stated about the same in their statements recorded during investigation. It is submitted that the vehicle which is stated to be the mode of conveyance by the said two witnesses of last seen belongs to the applicant and was seen crossing the Highway Toll Barrier at about 11:00 p.m. and then returning by about 1:00 a.m. in the night. It is submitted that the evidence of last seen is crucial and clinching. It is submitted that after arrest of the applicant he gave his confessional statement to the police and even a country made pistol was recovered from his possession and another country made pistol was recovered from the possession of the co-accused which were of .315 bore. It is submitted that in so far as the said vehicle is concerned, during investigation the Investigating Officer has recovered an agreement in favour of the applicant by the owner of the vehicle stating that the applicant has purchased the said vehicle and thus the applicant on the strength of the same was the owner of it. It is submitted that thus the present evidence is clinching and chain of circumstances are complete. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. There is no eye witness to the incident. Present case appears to be a case of circumstantial evidence. The missing report lodged by the brother of the deceased states of the deceased leaving the house on 10.1.2025 at about 11:00 p.m. The evidence of last seen of the deceased with the applicant and the co-accused is stated to be on 10.1.2025 at about 08:00 p.m. The movement of vehicle at toll barrier at about 11:00 p.m. and then at about 1:00 a.m. by both ways. Links of chain in the circumstances is not complete. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant-Furkan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other surety should be a local person) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on BAIL No. 26684 of 2025 3 every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. September 24, 2025 Naresh BAIL No. 26684 of 2025 4 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad