Neutral Citation No. - 2025:AHC:93735 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14889 of 2025 Applicant :- Matloob Opposite Party :- State of U.P. Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.,Syed Fahim Ahmed Hon'ble Sameer Jain,J. 1. Heard Sri D.R. Singh Yadav, Advocate holding brief of Sri Mazhar Ullah, learned counsel for the applicant; Mhd. Akram Advocate holding brief of Sri Syed Fahim Ahmed, learned counsel for the informant and Sri S.B. Singh, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 262 of 2024, under Sections 103 BNS, Police Station Azeem Nagar, District Rampur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR but admittedly, it is a case of circumstantial evidence and only allegation against the applicant is that he alongwith co-accused has taken the deceased from his house and thereafter her dead body was found in hanging condition from a tree but even allegation against the applicant that he has taken the deceased from her house is also false. 4. He further submitted that as per prosecution, applicant alongwith co-accused has taken the deceased on 4.10.2024 from his house and same day her dead body was recovered but in spite of that FIR was lodged on 19.10.2024 i.e. after 15 days and this delay in lodging the FIR itself reflects that belatedly a false story has been cooked up by the informant and only due previous enmity, applicant has been made accused in the present matter. 5. He further submitted that except the fact disclosed in the FIR, there is no other evidence against the applicant on record. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 27.10.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is named in the FIR and as per FIR, he had taken the deceased from her house and thereafter her dead body was found but they could not dispute the fact that even as per prosecution, applicant on 4.10.2024 has taken the deceased from her house and on the same day, her dead body was recovered but in spite of that FIR was lodged after fifteen days. They further could not dispute the fact that except the allegation that applicant has taken the deceased from her house, there is no other evidence against the applicant on record. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant due to previous enmity committed the murder of the daughter of the informant and as per FIR, applicant on 4.10.2024 had taken the deceased from her house and thereafter on same day, her dead body was found in hanging condition from a tree but FIR of the present case was lodged on 19.10.2024 i.e. after 15 days and no proper explanation has been given by the informant, in this regard. 10. Further, except the above circumstance, there is no other evidence and allegation against the applicant. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 27.10.2024 i.e. for last more than six months. 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-Matloob, 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 :- 30.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad