Neutral Citation No. - 2025:AHC:77263 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13833 of 2025 Applicant :- Bunty Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Pratap Singh,Indrajeet Chaurasia Counsel for Opposite Party :- G.A.,Jitendra Singh Hon'ble Sameer Jain,J. 1. Heard Sri Abhay Pratap Singh, learned counsel for the applicant, Sri Deepak Singh, learned Advocate holding brief of Sri Jitendra Singh, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 448 of 2024, under Sections 103(1), 3(5) B.N.S., Police Station Gulaothi, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with others but admittedly informant of the case was not an eye witness. 4. He further submits, from the statement of informant recorded during investigation it reflects, she received information of the incident from one Navneet but when the statement of Navneet was recorded then he disclosed the fact that actually applicant informed him about the incident. He further submits, therefore, it appears applicant himself informed about the incident but surprisingly without any evidence he himself has been made accused in the present matter. 5. He further submits, except the bald and verbal allegation that applicant along with others committed the murder of the deceased there is no cogent evidence in this regard on record. 6. He further submits, as per prosecution, when applicant was arrested then on his pointing out one blood stained Jarsi was recovered which was of the accused but till date the alleged recovered Jarsi could not be connected with the present matter. He further submits, even the recovery of Jarsi was made after about one month. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.12.2024. 8. Per contra, learned AGA as well as learned counsel for the informant 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, as per allegation, applicant along with others committed the murder of the deceased and he is also named in the FIR but it reflects, nobody could see the real incident including informant and it reflects, except recovery of one blood stained Jarsi of one of the accused there is no cogent evidence against the applicant on record but the recovery of said Jarsi was made after one month and even till date the alleged recovered Jarsi could not be connected with instant matter. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.12.2024. 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 - Bunty 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 :- 12.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad