Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41893 of 2023 Applicant :- Himanshu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pandey,Sr. Advocate,Veerendra Singh Counsel for Opposite Party :- G.A.,Saurabh Tripathi Hon'ble Raj Beer Singh,J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Veerendra Singh, learned counsel for the applicant, learned AGA for the State and perused the material brought on record. 2. This second bail application has been filed by the applicant- accused in S.T. No.164 of 2022 (State Vs. Himanshu Singh & Others), arising out of Case Crime No.86 of 2022, under Sections 147, 364, 302 I.P.C., Police Station- Saray Akil, District- Kaushambi with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 17.05.2023, which is reproduced as below:- "1. Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant in Case Crime No. 86 of 2022, under Sections 147, 364, 302 IPC, P.S. Sarai Aqil, District Kaushambi, with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged against seven accused persons including the applicant, making false and baseless allegations. There is no eye-witness of alleged incident. The allegation made by the informant, as well as by the sister of the deceased, that on 13.03.2022 at 11.00 AM, deceased has left his home along with applicant for going to Ahmedabad, is wholly false. The alleged evidence of 'last seen' is absolutely improbable. The location of mobile phone of applicant and deceased does not support the prosecution version. The applicant has no motive at all to cause death of deceased. It was submitted that the motive has been shown on the part of co-accused Aditya, as it was alleged that deceased was having affair with sister of co-accused Adiya. It was submitted that co-accused Deva Singh, Amit Singh and Anoop Singh have already been granted bail by co-ordinate Bench of this Court, copy of which is available on record. The co-accused Aditya, who was declared juvenile, has been granted bail by the Session Court. Lastly, it was submitted that the applicant is languishing in jail since 18.03.2022, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that there is evidence that deceased has left his house along with applicant and thereafter on next day his dead body was recovered. In postmortem report, nine injuries have been shown on the body of deceased. It was also submitted that on the same day, there has been a telephonic call between applicant and deceased at 21:25 hours. It was also pointed out that the role of applicant has been distinguished from the co- accused persons, who have been granted bail by the co-ordinate Bench of this Court. 5. Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Himanshu Singh is hereby rejected." 4. It has been argued by learned Senior Advocate appearing on behalf of applicant that there is no eye-witness of the alleged incident and that there is no credible evidence to support the allegation that on 13.03.2022 deceased has left his home along with applicant and the alleged "last seen theory" is not probable. Applicant has no motive at all to commit murder of deceased. As per prosecution version, motive was attributed to co-accused Aditya as it was alleged that deceased was having affair with sister of co-accused Aditya. It is further submitted that the first bail application of applicant was rejected by this Court vide order dated 17.05.2023 and that during trial only two witnesses have been examined so far and thereafter even bailable warrant has been issued against the witnesses. An application under Section 319 Cr.P.C. was also moved on behalf of prosecution. Referring to these facts, learned Senior Advocate submitted that trial of the case would take sufficient long time whereas applicant is in jail since 18.03.2022 and thus he has already undergone detention of about 2 years and 9 months. It was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will co- operate in trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits and that there is evidence that deceased has left his home along with applicant and later on his dead body was found. 6. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. 7. The bail application is allowed. 8. Let the applicant - Himanshu Singh involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 3.1.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad