Neutral Citation No. - 2025:AHC:90939 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15865 of 2025 Applicant :- Ramishwar Rajbhar Alias Bhuteli Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Neetu Singh,Vishal Kushwaha Counsel for Opposite Party :- G.A.,Sugendra Kumar Yadav,Vikram Shah Sisodia Hon'ble Sameer Jain,J. 1. Heard Ms. Neetu Singh, learned counsel for the applicant, Sri Pulak Gangulay, learned counsel for the informant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.02 of 2025, under Section 103 (1) BNS and Section 4/25 Arms Act, Police Station Shrirampur, District Deoria during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation when the statement of the informant was recorded then he stated that his brother, i..e, deceased was having affair with the wife of the applicant and, therefore, applicant might have committed his murder and, therefore, it appears that during investigation on the basis of suspicion raised by informant applicant has been made accused in the present matter. 4. She further submits that however, as per prosecution when applicant was arrested then on his pointing out the alleged sword used in the crime was recovered and on the alleged sword bloodstained marks were also present but from the perusal of the recovery memo which has been annexed along with the instant bail application it reflects that recovery of sword was made from a place which was accessible to all. 5. She further submits that even till date there is no evidence that on the alleged recovered sword blood was the human blood. She next submits that except the above evidence there is no other evidence against the applicant on record. 6. She further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 5.1.2025. 7. Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it reflects that during investigation on the basis of suspicion applicant has been made accused in the present matter and however, apart from suspicion as per prosecution on the pointing out of the applicant one sword was recovered which allegedly used in the crime and on the alleged sword there were blood marks too but from the recovery memo it reflects that the alleged recovery was made from a place which was accessible to all. 10. Further, even there is no evidence that the blood marks which were allegedly found on the alleged recovered sword were of human. 11. Further, except above recovery and confessional statement of the applicant before the Police it appears that there is no other evidence against the applicant on record. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail in since 5.1.2025. 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-Ramishwar Rajbhar @ Bhuteli Rajbhar 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 :- 28.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad