Neutral Citation No. - 2025:AHC:75755 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15662 of 2025 Applicant :- Pan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bajpai Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15707 of 2025 Applicant :- Chokhe Lal Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. As both the bail applications are arising out of same FIR, therefore, both the bail applications are being disposed off by a common order. 2. Heard Sri Anil Kumar Bajpai, learned counsel for the applicants and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 0329 of 2024, under Sections 103(1), 238 B.N.S., Police Station Faijganj Behta, District Budaun during pendency of the trial. 4. Learned counsel for the applicants submitted that however applicants are named in the FIR and from the FIR it reflects, it is based on the fact that as per the informant, witnesses Nemchandra and Mandesh witnessed the incident but when the statements of these witnesses were recorded during investigation then they did not state that they witnessed the incident however they stated that on the date of incident near the place of incident they witnessed the applicant. 5. He further submitted that except suspicion there is no cogent evidence against the applicants on record. 6. He further submitted that from the post mortem report, it reflects, cause of death of the deceased could not be ascertained and viscera was preserved and however till date viscera report is not on record but as there is no allegation that applicant administered any poison to the deceased, therefore, even if in the viscera report it will be found that deceased died due to consumption of poison then also applicant cannot be held liable. 7. He further submitted that it is a case of circumstantial evidence and there is no cogent evidence against the applicants on record which can connect them with the instant crime. 8. He further submitted that applicants are not having any criminal history and in the present matter they are in jail since October, 2024 i.e. for last more than six months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicants are named in the FIR but it is a case of circumstantial evidence and nobody could see the real incident and it reflects, FIR is based on the fact that witnesses Nemchandra and Mandesh witnessed the incident but from the statements of witnesses Nemchandra and Mandesh it reflects, they were not the eye witnesses and even their statements do not appear to be convincing. 12. Further, from the post mortem report of the deceased, it reflects, as cause of death could not be ascertained therefore viscera was preserved and however viscera report of the deceased is not on record but as there is no allegation that applicants administered any poison to the deceased, therefore, argument advanced by learned counsel for the applicants in this regard cannot be ruled out. 13. Further, applicants are not having any criminal history and in the present matter they are in jail since October, 2024 i.e. for last more than six months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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 applicants - Pan Singh and Chokhe Lal 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad