Neutral Citation No. - 2025:AHC:81492 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15394 of 2025 Applicant :- Ramakant Alias Kanta Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Chhote Lal Bhartiya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Chhote Lal Bhartiya, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 341 of 2024, under Sections 103(1), 328, 3(5) BNS, Police Station- Barhaj, District- Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and during investigation, informant disclosed his name, although, he did not disclose the name of applicant in the FIR and thus, it reflects, on basis of false allegation, merely due to suspicion applicant has been made accused in the present matter. 4. He further submitted that as per informant, marriage of the deceased was solemnized with the daughter of the applicant and even after several years of marriage, daughter of the applicant could not be conceived and therefore, applicant was having grudge with the deceased and due to this reason, he committed his murder along with others. 5. He further submitted that story narrated by informant prima facie appears to be absurd and no reliance can be placed on such version. 6. He further submitted that except evidence of last seen, there is no other cogent evidence against the applicant on record and evidence of last seen, prima facie, appears to be doubtful. He further submitted that as applicant was father-in-law of the deceased, therefore, even evidence of last seen is not relevant in case of applicant. 7. He further admitted that applicant is not having any criminal history and in the present matter, he is in jail since 18.12.2024. 8. Per contra, learned AGA, however, opposed the player for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. It is a case of circumstantial evidence and during investigation, applicant, who is father-in-law of the deceased, has been made accused in the present matter through the statement of informant and informant did not disclose any reason, why he earlier did not disclose the name of the applicant in the FIR, therefore, prima facie story narrated by informant with regard to applicant appears to be doubtful. 11. Further, however, as per prosecution, applicant was last seen along with deceased but even last seen evidence, prima facie, appears to be doubtful. 12. Further, considering the fact that applicant is father-in-law of the deceased, the argument advanced by the learned counsel for the applicant also cannot be completely ruled out. 13. Further, applicant is not having any criminal history and in the present matter, he is in jail since 18.12.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ramakant Alias Kanta Prasad 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. 17. 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. 18. 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 :- 15.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad