Neutral Citation No. - 2025:AHC:90105 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14162 of 2025 Applicant :- Nilesh Kumar @ Nilesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Pawan Singh Pundir,Ramesh Rai Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri D.K. Srivastava, learned counsel for the applicant, Sri P.S. Pundir, learned counsel for the informant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 03 of 2025, under Sections 103(1), 352, 351(3), 61(2) B.N.S., Police Station Kotwali Katra, District Mirzapur during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR and as per allegation, he along with two others committed the murder of the son of the informant but admittedly informant of the case was not an eye witness. 5. He further submits, during investigation Investigating Officer recorded the statement of one eye witness Nilesh Singh @ Gesu but surprisingly during investigation this witness has also been made accused and now charge-sheet has been filed and as he is now one of the accused, therefore, from the charge-sheet it reflects, there is no eye witness account. 6. He further submits, there is no cogent evidence which can connect the applicant with the instant matter and it appears, only due to previous enmity applicant has been roped in the present matter. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that witness Nilesh Singh @ Gesu was the sole eye witness and during investigation he has been made accused and from the charge-sheet it reflects, there is no eye witness account. They further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR along with others but from the FIR and the statement of the informant it reflects, he was not an eye witness. 11. Further, from the entire material available on record, it reflects, except Nilesh Singh @ Gesu no one could see the real incident but surprisingly during investigation this witness has also been made accused, therefore, there is no eye witness is left and considering the totality of facts and circumstances of the case, the argument advanced by learned counsel for the applicant that there is no cogent evidence on the basis of which it can be said that applicant committed the murder of the deceased, cannot be ruled out at this stage. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025. 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 - Nilesh Kumar @ Nilesh Singh 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 :- 27.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad